Drunken driving

2024 drunk driving standard

Drinking driving and Drunken driving There are two different states. At present, China has only punished drunk driving, but it is difficult to judge drunk driving and drunk driving in practice. that Drunken driving What is the standard?

1. Drinking and driving

Judgment criteria for drinking and driving: driving behavior in which the alcohol content in the blood of vehicle drivers is greater than or equal to 20mg/100mL and less than 80mg/100mL.

According to the calculation, in general, after drinking 350mL (about equal to one small bottle) of beer or half a dozen white spirits (20ml), the blood alcohol concentration can reach 0.02 (20mg/100ML), which means that the penalty condition for drinking and driving is met.

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Hazards of Drunken Driving

Drinking is harmful to health, Drunken driving It is a serious threat to the safety of others and their own lives. If the actor is drunk driving, the harm will be greater. So you know Drunken driving Are there any specific hazards?

1. The tactile ability is reduced.

When driving after drinking, due to the anesthetic effect of alcohol, people's touch sense of hands and feet is lower than usual, and they often cannot control the accelerator, brake and steering wheel normally.

2. The ability to judge and operate is reduced.

After drinking alcohol, the reaction time to light and sound stimulation is prolonged, and the time of instinctive reflex action is correspondingly prolonged. The coordination function between sensory organs and motor organs, such as eyes, hands, and feet, is blocked. Therefore, distance and speed cannot be correctly judged.

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How to punish drunk driving

The act of driving a motor vehicle drunk on the road belongs to Traffic violation Behavior, but also violated《 criminal law 》, consisting of Dangerous driving crime 。 Therefore, the punishment for this kind of behavior includes two aspects of punishment, driving punishment and criminal punishment. What the hell Drunken driving How to punish?

（1） Driving a motor vehicle on the road with a blood alcohol content of more than 80mg/100ml is classified as drunk driving, and shall be convicted and punished for the crime of dangerous driving in accordance with the provisions of Article 133-1 of the Criminal Law.

The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be subject to the relevant provisions of the Road Traffic Safety Law.

（2） Whoever drives a motor vehicle under any of the following circumstances while intoxicated shall be given a heavier punishment in accordance with the provisions of Article 133-1 of the Criminal Law:

1. Cause traffic accident And is fully or primarily responsible for the accident, or Escape after causing a traffic accident , which has not constituted other crimes;

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Criminal responsibility for drunk driving

Drunken driving is a traffic violation in itself. At the same time, our country also criminalizes this behavior. Therefore, drunk driving is not only subject to administrative sanction , but also subject to criminal punishment. So you know Drunken driving What is your criminal responsibility?

According to Article 8 of the Ninth Amendment to the Criminal Law and Article 133-1 of the Criminal Law, "Whoever drives a motor vehicle on the road in one of the following circumstances shall be punished criminal detention , and fine ：

（1） Chasing and racing, and the circumstances are bad;

（2） Driving a motor vehicle drunk;

（3） Engaging in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity or the specified speed per hour;

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Sentencing for drunken driving

According to the provisions of relevant laws, if the perpetrator has the behavior of driving a motor vehicle after being drunk, he has violated the Road Traffic Safety Law and the Criminal Law, which constitutes a crime of dangerous driving. At this time, criminal punishment and administrative punishment will be imposed on the perpetrators. that Drunken driving How many years?

According to Article 8 of the Ninth Amendment to the Criminal Law and Article 133-1 of the Criminal Law, "Whoever drives a motor vehicle on the road shall be subject to criminal detention and a fine in any of the following circumstances:

（1） Chasing and racing, and the circumstances are bad;

（2） Driving a motor vehicle drunk;

（3） Engaging in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity or the specified speed per hour;

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Drunken driving guaranteed pending trial

The law of our country stipulates the drunken driving of motor vehicles as a crime of dangerous driving, with the purpose of cracking down on drunken driving. Drunken driving is subject to criminal punishment Suspect Whether it can be or not? Obtaining a guarantor pending trial What about?

The Opinions on Several Issues Concerning the Application of Law to the Handling of Criminal Cases of Drunken Driving of Motor Vehicles stipulates that the criminal suspicion of drunk driving of motor vehicles The suspect or defendant may, according to the circumstances of the case, be detained or released on bail pending trial. If the conditions for obtaining a guarantor pending trial are met, but the criminal suspect or defendant cannot apply for a guarantor witness , and do not pay bond Yes, you can supervision of residence 。 For violations If the circumstances are serious, the criminal suspect or defendant who has obtained a guarantor pending trial or is under residential surveillance may be sentenced arrest 。

It can be seen that the suspects who drive vehicles drunk can obtain a guarantor pending trial, but the premise is that they must meet the legal requirements Conditions for obtaining a guarantor pending trial At the same time, relevant insurance procedures can be handled.

Drunken driving crashes

Drinking and driving Major traffic accidents If a crime is constituted, driving is prohibited for life. If drunk driving kills people, it can constitute Traffic accident crime , then Drunken driving How to judge if someone is killed?

Article 133 of the Criminal Law of the People's Republic of China violates the traffic and transportation management statute , causing serious accidents Injuries, deaths or heavy losses of public or private property shall be sentenced to not more than three years fixed-term imprisonment Or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Because of escape Whoever causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

The Interpretation of the Supreme People's Court on Some Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that traffic accidents that fall under one of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

（1） One person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

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Drunken driving kills people

There are clear legal provisions in the traffic law of our country. Drunken driving is not allowed. If drunk driving is caught, there will be a heavy penalty. How can we judge people killed by drunk driving in our country?

First of all, the crime of causing traffic accidents refers to the crime of violating the road traffic management regulations, causing serious injuries, deaths or heavy losses of public and private property, and being investigated for criminal responsibility according to law.

According to the provisions of Article 133 of the Criminal Law, there are three different penalty levels (sentencing levels) for the crime of causing traffic accidents:

Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to another person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention Servitude; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

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Drunken driving causes death

In the state of drunkenness, the consciousness of the actor is not clear. If the driver is forced to drive on the road at this time, the possibility of traffic accidents will greatly increase. Then if Drunken driving How to punish people who cause death?

Drunken driving causing death has constituted a traffic accident crime. The crime of causing traffic accidents refers to the crime of violating the road traffic management regulations, causing serious traffic accidents, causing serious injuries, deaths or heavy losses to public and private property, and being investigated for criminal responsibility according to law.

According to the provisions of Article 133 of the Criminal Law, there are three different penalty levels (sentencing levels) for the crime of causing traffic accidents:

Whoever commits the crime of causing traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever escapes after a traffic accident or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If a person dies due to escape, he or she shall be sentenced to more than 7 years of fixed-term imprisonment (a minority of those sentenced to 15 years).

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