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Stipulations on sentencing standards of dangerous driving crime

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Stipulations on sentencing standards of dangerous driving crime


        

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  • 2024-06-15 23:01:45

    The specific sentencing content of the crime of dangerous driving is as follows:

    1、 Driving a motor vehicle on the road with a blood alcohol content of more than 80mg/100ml is a drunk driving motor vehicle, and shall be convicted and punished as a dangerous driving crime according to the provisions of the first paragraph 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 the first paragraph of Article 133-1 of the Criminal Law:

    (1) Causing a traffic accident and bearing all or the main responsibility for the accident, or escaping after causing a traffic accident, but not constituting any other crime;

    (2) The blood alcohol content reaches more than 200 mg/100 ml;

    (3) Driving on expressways or urban expressways;

    (4) Driving a commercial motor vehicle carrying passengers;

    (5) Having seriously overloaded, overloaded or overspeed driving, driving a motor vehicle without driving qualification, using a forged or altered motor vehicle license plate and other acts that seriously violate the Road Traffic Safety Law;

    (6) Evading legal inspection by the public security organ, or refusing or obstructing legal inspection by the public security organ, but not constituting other crimes;

    (7) Having been subjected to administrative punishment or criminal investigation for drunk driving of motor vehicles;

    (8) Other circumstances under which a heavier punishment may be imposed.

    3、 Whoever drives a motor vehicle while intoxicated and obstructs the public security organ's inspection according to law by means of violence or threat, which also constitutes the crime of obstructing public service and other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.

    4、 When imposing a fine on a defendant who drives a motor vehicle while intoxicated, the amount of the fine appropriate to the principal punishment shall be determined according to the degree of intoxication of the defendant, whether it has caused actual damage, and his attitude of confession and repentance.

    Legal basis

    Article 133 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious accident occurs as a result of a violation of the laws and regulations governing traffic and transportation, causing serious injury or death to a person or causing heavy losses to public or private property; 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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