Punishment for drunk driving
Article 9 1 of the Traffic Safety Law:
Driving a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for more than one month and less than three months, and imposing a fine of more than 200 yuan and less than 500 yuan; Anyone who drives a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, and shall be detained for less than fifteen days and temporarily detained for more than three months and less than six months, and shall be fined not less than five hundred yuan but not more than two thousand yuan. Driving and operating a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for three months and imposing a fine on 500 yuan; Anyone who drives or operates a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for six months and fined 2000 yuan.
Anyone who drives a motor vehicle under the influence of drunkenness as stipulated in the preceding two paragraphs and is punished more than twice in one year shall have his motor vehicle driving license revoked and shall not drive or operate a motor vehicle for five years.
II. Provisions of the Road Traffic Safety Law
Drunk driving:
Drinking and driving a motor vehicle will result in a fine of 1000-2,000 yuan, with a score of 12, and the driver's license will be suspended for 6 months; Drinking and driving a motor vehicle will be fined 5000 yuan, with 12 points, detained for less than 15 days, and may not obtain a driver's license again within 5 years.
Drunk driving:
Anyone who drives a motor vehicle while drunk shall have his driver's license revoked, and shall not re-obtain his driver's license within 5 years. After the verdict, he was sentenced to criminal detention and fined; Drunk driving operating a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 10 years, and the operating vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined.
Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.
Third, knowledge association
Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles.
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
1, driving a motor vehicle with blood alcohol content above 80 mg/100 ml on the road is a drunk driving motor vehicle, and it is convicted and punished for dangerous driving 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 governed by the relevant provisions of the Road Traffic Safety Law.
2, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressway and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
In summary, can drunk driving not be detained? Many people may not take drunk driving seriously, thinking that they can drive when they are drunk, but in fact, people's judgment of road conditions when they are drunk is very inaccurate, which can easily lead to traffic accidents. Drunk driving is not only irresponsible for one's own life, but also irresponsible for social security and the lives of others, so you really can't drink and drive.
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How much compensation the parents of traffic accident victims can get, the other party is fully responsible.
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83379 Beijing-Beijing Q * * 617
How are you? If the other party is fully responsible for the traffic accident, and now the other party is unwilling to bear the loss, you can appeal.
2020-09-1810: 48: 56 23 Reply
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Hello: how to claim for the death of a loved one in a car accident?
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I want to consult a lawyer about how to solve the problem of compensation for car accidents.
2020-06-2410: 41:50 22 reply
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Hello, lawyer Zhang, my brother was drunk and received a court summons.
2020-07-218: 31:26 21reply
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Hello, I want to ask about one death and one injury in a car accident. The delivery truck bears the primary responsibility, the injured person bears the secondary responsibility, and the deceased has no responsibility. How much will it pay?
2020-09-011:21:24 20 reply
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