Detention is one of the main types of punishment in our country. As long as you are sentenced to criminal detention and the judgment comes into effect, you will have a criminal record, that is, a criminal record.
The definition of case files is as follows:
1. According to the "Opinions on Establishing a Criminal Record System for Criminal Offenders" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice The notice stipulates: A case file refers to a record of a person’s criminal behavior. Also known as the criminal record system, in our country's law it generally refers to criminal records with criminal records, and these criminal records are generally stored in the public security department;
2. There is no criminal record elimination system in our country. The records accompany the parties throughout their lives, but the case files are not disclosed to anyone. They are only disclosed to the public after judicial agencies or lawyers handle criminal cases and obtain approval from the competent authorities. These records are not available to ordinary organizations and individuals. A criminal record will have little impact on the client's future life, while a criminal record will have an impact on the client and his or her children.
The latest drunk driving penalties are as follows:
1. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for six months and shall be fined not less than 1,000 yuan or more. A fine of less than 1,000 yuan is imposed. Anyone who is punished for driving a motor vehicle after drinking alcohol, and who drives a motor vehicle after drinking alcohol again, shall be detained for not more than ten days, and shall also be fined not less than one thousand yuan but not more than two thousand yuan, and his motor vehicle driving license shall be revoked;
2. Driving after drinking refers to the driving behavior in which the alcohol content in the driver's blood is greater than or equal to 20mg/100ml and less than 80mg/100ml. Drinking and driving refers to the driving behavior in which the alcohol content in the driver's blood is greater than or equal to 80mg/100ml;
3. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle will be revoked Driving license, criminal responsibility shall be investigated in accordance with the law; motor vehicle driving license shall not be re-obtained within five years;
4. Anyone who drives a commercial motor vehicle after drinking alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driving license shall be revoked Certificate, criminal responsibility will be investigated in accordance with the law; a motor vehicle driving license shall not be obtained again within five years;
5. Anyone who drives a commercial motor vehicle after drinking alcohol will be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driving license will be revoked , criminal liability will be investigated in accordance with the law;
6. Anyone who drives a commercial motor vehicle after drinking alcohol will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and criminal liability will be investigated in accordance with the law. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and shall not be able to obtain a new motor vehicle driving license within five years;
5. Anyone who drives a commercial motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a new motor vehicle driving license within ten years, and will not be allowed to drive a commercial motor vehicle;
< p>6. If a person drinks or drives a motor vehicle while drunk and causes a major traffic accident, which constitutes a crime, he shall be held criminally responsible in accordance with the law, and his motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and he shall not be able to obtain a new motor vehicle driving license for life.In summary, anyone who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death, or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if his escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years. The first drunk driving in life will be recorded for life. Once a drunk driving is caught, the traffic police information platform will record the illegal behavior for life. Even if the interval is 1, 2 or more years, drinking and driving again will be classified as a "second drunk driving".
Legal basis:
Article 286 of the Criminal Procedure Law of the People's Republic of China
During the court debate, the collegial panel found and convicted, If it is necessary to investigate new facts related to sentencing, the presiding judge may announce the resumption of court investigation. After the new facts are clearly investigated, the court debate will continue.
Article 91 of the "Road Traffic Safety Law of the People's Republic of China and the State"
Whoever drives a motor vehicle after drinking alcohol shall be subject to temporary detention for not less than one month but not more than three months A motor vehicle driving license shall be issued, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed;
Whoever drives a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days and temporarily detained Motor vehicle driving license for more than three months and less than six months.
Anyone who drives a motor vehicle after drinking will have his or her driving license temporarily suspended for three months and be fined 500 yuan; anyone who drives a motor vehicle while drunk will be detained by the traffic management department of the public security organ until he sobers up, and fined 500 yuan. A person shall be detained for not more than 15 days, his motor vehicle driving license shall be temporarily withheld for not more than six months, and a fine of 2,000 yuan shall be imposed;
If the person commits the act of driving a motor vehicle while drunk as prescribed in the preceding paragraph within one year, he shall be punished more than once again. , the motor vehicle driving license will be revoked and the driver will not be allowed to drive a commercial motor vehicle within five years.