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How can I get drunk in China?

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Source: Legal Chart Compilation · 2024.03.02 · 2501 people have seen it
Guide: In our country, the relationship between drunk driving and how to get there cannot be abolished. According to the traffic law of our country, one to six months' detention will be imposed for suspected dangerous driving. "Whoever drives a motor vehicle to chase and race on the road, if the circumstances are flagrant, or drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and shall also be fined." Whoever commits the act mentioned in the preceding paragraph and constitutes another crime shall be convicted and punished in accordance with the provisions on heavier punishment. "

 How can I get drunk in China?

1、 In China Drunk driving How to cancel the relationship?

1. XXII. In criminal law One article is added after Article 133 as Article 133-1: "Driving a motor vehicle to chase and race on the road, if the circumstances are flagrant, or on the road Drunken driving Of motor vehicles criminal detention , and fine "Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment."

2. 50. This Amendment shall come into force as of May 1, 2011. Article 42 of the Criminal Law of the People's Republic of China Term of criminal detention , which is more than one month and less than six months.

3. "Public security traffic management" issued by the police on duty Administrative coercive measures Voucher "fine sheet shall be produced at the business window of the traffic police detachment of the municipal public security bureau" traffic management administration " Administrative penalty decision ”。

4. Carry out a 7-day road traffic safety law statute And relevant knowledge education. After the motor vehicle driver receives education, the vehicle management office will give him a subject one exam (road traffic safety laws, regulations and related knowledge exam, commonly known as written exam); After passing the examination, the vehicle management office shall clear the accumulated illegal score of the motor vehicle driver and issue the Feedback Notice on Full Score Illegal Examination Information of the Motor Vehicle Driver.

5. Pay the fee at the window of the illegal treatment team with the Notice of Feedback on Full Score Examination Information of Motor Vehicle Drivers, keep the invoice well, and use it as a payment voucher when returning the driver's license. The driver's license for drunk driving is temporarily withheld for six months. When it is time to return the driver's license, the driver's license can be obtained from the archives of the illegal treatment brigade with the payment invoice.

2、 Guidance on drunk driving

In order to ensure the correct implementation of the Eighth Amendment to the Criminal Law and further standardize the law enforcement activities of public security organs in dealing with drunken driving motor vehicle crimes, the Ministry of Public Security issued the Guiding Opinions on Public Security Organs in Dealing with Drunken Driving Motor Vehicle Crime Cases (hereinafter referred to as "Opinions") to further standardize the on-site investigation, the time limit for handling cases Case filing and investigation And other aspects.

1. The Opinions require that the conditions for blood sample extraction be strictly enforced. If the traffic police find that the driver of a motor vehicle is suspected of driving a motor vehicle after drinking, the breath alcohol test shall be conducted immediately; The party suspected of driving a motor vehicle under the influence of alcohol disagrees with the result of the breath alcohol test, or refuses to cooperate with the breath alcohol test, as well as the occurrence of driving a motor vehicle under the influence of alcohol traffic accident Blood samples shall be taken immediately to test the blood alcohol content.

2. The Opinions emphasize that crimes should be fixed in time evidence On the spot investigation records shall be made in a timely manner for the process of the investigation, breath alcohol test and blood sample extraction of the suspects who were found drunk driving motor vehicles; If conditions permit, it shall also be recorded by taking photos or recording or video recording; See you on site witness The testimony of witnesses shall be collected in a timely manner.

3. The Opinions pointed out that we should strictly control Filing a case Standards. In order to avoid legal investigation, a party who has been found to drink again before breath alcohol test or blood sample extraction and whose blood alcohol content has reached the standard for drunk driving of motor vehicles shall be placed on file for investigation. If the party concerned escapes before taking the blood sample after reaching the drunk driving motor vehicle standard through the breath alcohol test, the case shall be filed for investigation based on the breath alcohol content.

4. The Opinions clearly stated that it is necessary to do a good job in case handling. After the investigation of the case is completed, if the facts of the crime of drunken driving of motor vehicles are clear and the evidence is reliable and sufficient, the case shall be revoked according to law before it is transferred to the People's Procuratorate for review and prosecution Suspect 's motor vehicle driver's license.

5. The Opinions require strengthening law enforcement and case handling management, further clarifying case handling requirements, and refining case handling standards and procedures for key links such as breath alcohol testing, blood sample extraction and storage, case filing and withdrawal, application of mandatory measures, and goods seizure. Improve the informatization level of case handling, vigorously promote online case handling, strengthen online monitoring and assessment, and eliminate "human relationship cases" and "relationship cases".

6. The Opinions stressed that the investigation and punishment procedures should be improved. When the traffic police check drunk driving vehicles on the road, they should ensure the personal safety of the police, clarify their inspection actions and investigation and treatment procedures, implement safety protection measures, and prevent the occurrence of injury cases to the police.

With the continuous improvement of people's living standards, more and more people choose to buy cars for the sake of getting out and doing well. This is followed by the rising traffic accidents. Any traffic accident has a significant impact on the safety and order of two families and the public. Therefore, the state has always severely punished illegal traffic safety acts, Especially for drunk driving and drunk driving.

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