Question: Hello, drunk driving, first offence, alcohol content 161.43mg? 100ml, what will the court decide if there is no traffic accident?
Hello, on the question of how to make a judgment by the court on drunk driving traffic accidents, according to the law, drunk driving of motor vehicles is suspected of dangerous driving crime, and is subject to criminal detention and fine. If a traffic accident due to drunk driving causes minor injuries, a heavier punishment shall be given at the time of sentencing. And it shall bear civil compensation liability according to the proportion of fault. Legal basis: 1. Article 76 of the Road Traffic Safety Law of the People's Republic of China, in case of personal injury or property loss caused by a traffic accident involving motor vehicles, the insurance company shall, within the limit of liability of the compulsory third party liability insurance for motor vehicles, pay compensation for the insufficient part in accordance with the following provisions: (1) In case of a traffic accident involving motor vehicles, The party at fault shall bear the liability for compensation. If both parties are at fault, they shall share the liability in proportion to their respective faults. （2） If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation. If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault. If the motor vehicle party is not at fault, It shall bear no more than 10% of the compensation liability. If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation. 2、 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, the circumstances being flagrant; （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; （4） Transporting hazardous chemicals in violation of the regulations on safety management of hazardous chemicals, endangering public safety. If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
