What are the new penalties for the first and second drunk driving?
After drunk driving, the driver's license was temporarily suspended for six months, and a fine of 1000 yuan but not more than 2000 yuan was imposed. Those who are drunk driving again will be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses will be revoked; Drunk driving revokes the driver's license, and it is not allowed to re-obtain the driver's license within 5 years. After the verdict, he was sentenced to criminal detention. The punishment for driving a motor vehicle after drinking is:
1. Administrative penalty: According to Article 91 of the Road Traffic Safety Law, anyone who drives a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, and his motor vehicle driver's 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.
2. Criminal punishment: it constitutes the crime of dangerous driving. According to the provisions of Article 133 of the Criminal Law, anyone who drives a motor vehicle on the road or drunk driving a motor vehicle shall be detained and fined.
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2. Can I apply for commutation if I pay a fine in prison?
Paying a fine is not necessarily related to the amount of commutation, but if you don't pay a fine, the sentence is limited, so if you don't pay a fine in time, there is no chance of commutation. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly show repentance or render meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
Three. Relevant provisions on fixed-term imprisonment
Article 45 of the Criminal Law stipulates that, except as stipulated in Articles 50 and 69 of this Law, it is six months to fifteen years.
First, according to Article 50 of the Criminal Law and Article 4 of the Criminal Law Amendment (8), if the death penalty is suspended, if there is no intentional crime, it will be reduced to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and verified, the Supreme People's Court will approve the execution of the death penalty.
Second, according to the provisions of Article 69 of the Criminal Law Amendment (8), if the previous person is convicted of several crimes, except for the death penalty and life imprisonment, it shall be less than or equal to the total punishment.
If the maximum penalty is above, the execution period shall be decided as appropriate, but the maximum periods of public surveillance and criminal detention shall not exceed three years and one year respectively.
If the cumulative fixed-term imprisonment is less than 35 years, the maximum is not more than 20 years, and if the cumulative fixed-term imprisonment is more than 35 years, the maximum is not more than 25 years. "If several crimes are combined, the additional punishment shall still be executed. If the types of additional punishments are the same, they shall be executed jointly and separately. "
In addition, according to Article 7 1 of the Criminal Law, if a criminal commits a new crime while serving his sentence, the penalty to be executed shall be determined on the basis of the penalty that the previous crime has not been fully executed, and the actually executed sentence may exceed 15 years or even reach 25 years.
The term of fixed-term imprisonment shall be counted from the date of execution as stipulated in the Criminal Law; If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. The so-called "judgment execution date" refers to the date when the people's court issued the notice of execution.
The above is the explanation of the new standard for the second drunk driving punishment. The conditions of probation should meet the above four conditions: the relevant crime is minor, the offender shows a penitent attitude, the relevant departments determine that the offender is not in danger of recidivism, and the announcement of probation will not have adverse effects on the community where the offender lives. For minors, pregnant women and elderly people over 75 years old, probation should be announced.