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The cancellation of the driving licence issued by the Romanian authority will be done in the case of driving a motor vehicle by a person with a blood alcohol level over 0.8 g/l. This act is considered an offence and is punished by imprisonment from one to 5 years or by a fine.
Driving a motor vehicle by a person with a blood alcohol level up to 0.8 g/l constitutes a contravention and is sanctioned with contravention fine and with the suspension of the right to drive motor vehicles for 90 days.
Considering that in answer A it is NOT specified that the act constitutes an offence or that the alcoholic concentration is over 0.80 g/l pure alcohol in the blood, this answer cannot be correct.
The driving licence issued by the Romanian authority is cancelled if its holder has been convicted by a final court decision for an offence that resulted in the killing or bodily injury of a person, committed as a result of failure to comply with the traffic rules.
The cancellation of the driving licence does not apply for failure to comply with the signals of the traffic police officers when passing official motorcades. Failure to comply with the traffic rules when passing an official motorcade or interspersing in such a motorcade constitutes a contravention and is sanctioned with the fine provided in class III of sanctions and with the suspension of the right to drive motor vehicles for a period of 60 days.
The correct answer is: B
OUG* - Article 102
[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) driving under the influence of alcoholic beverages, if the act does not constitute, according to the law, an offence;
[...]
Criminal Code*** - Article 336
Driving a vehicle under the influence of alcohol or other substances
(1) Driving on public roads of a vehicle for which the law provides the obligation to hold a driving licence by a person who has a blood alcohol concentration over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine.
[...]
OUG* - Article 111
(1) The driving licence or the replacement proof thereof is retained in the following cases:
[...]
b) when its holder has committed one of the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(3) In the situations provided in paragraph (1) letters a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions, the replacement proof of the driving licence is issued without right of driving.
[...]
OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving licence has been convicted by a final court decision for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
a) the holder of the driving licence has been convicted by a final court decision for an offence that resulted in the killing or bodily injury of a person, committed as a result of failure to comply with the traffic rules;
[...]
OUG* - Article 111
(1) The driving licence or the replacement proof thereof is retained in the following cases:
[...]
(4) The driving licence of the driver of a motor vehicle, agricultural or forestry tractor or tram, involved in a traffic accident resulting in the death or injury of a person, is retained by the traffic police if he has violated a traffic rule, issuing the replacement proof without right of driving, in the situation where the traffic rule violated is one of those provided in art. 102 paragraph (3) letter a) or in art. 102 paragraph (4), or the replacement proof with right of driving for a period of 15 days, in the other cases.
[...]
OUG* - Article 100
[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in class II of sanctions and with the application of the complementary contravention sanction of suspension of the exercise of the right to drive for a period of 30 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
f) failure to comply with the signals, indications and instructions of the traffic police officer performing his duties;
[...]
OUG* - Article 101
[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in class III of sanctions and with the application of the complementary sanction of suspension of the right to drive for a period of 60 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
c) failure to comply with the traffic rules when passing an official motorcade or interspersing in such a motorcade;
[...]
OUG* - Article 111
(1) The driving licence or the replacement proof thereof is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraph (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with right of driving for a period of 15 days.
[...]
* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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