1. What is the latest criterion for judging drunk driving?
The criterion of drunk driving: the driving behavior of the driver whose blood alcohol content is greater than or equal to 80mg/ 100mL. According to the national "Threshold and Detection of Alcohol Content in Blood and Exhale of Vehicle Drivers", drivers whose alcohol content in 100 ml blood reaches 20-80 mg are deemed as drunk driving, and those who exceed 80 mg are deemed as drunk driving.
Blow test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving in the early stage. By comparing the alcohol content in the suspect's body, an expert conclusion is made.
2. What are the new regulations on drunk driving and drunk driving punishment?
1, drunk driving, a six-month driver's license, and a fine of 1000 yuan to 2000 yuan. Those who were previously punished for drunk driving or drunk driving again shall be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses shall be revoked.
2, drunk driving, was persuaded by the public security organs. If the machine driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 5 years.
3. Anyone who drives an operating vehicle after drinking alcohol will be detained for 15 days, fined 5000 yuan, and his driver's license will be revoked, and he may not re-obtain his driver's license within 5 years.
4, drunk driving operating vehicles, organized by the public security organs sober up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, you may not drive an operating vehicle.
5, drunk or drunk driving, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. If the driver's license is revoked, it shall not be re-obtained for life.
3. What's the use of signing a letter of understanding for drunk driving?
A letter of understanding for drunk driving is generally useless, and a letter of understanding is not needed for drunk driving. If drunk driving leads to a traffic accident, if the victim actively compensates and obtains a written understanding, he may be given a lighter punishment as appropriate, and whether or not to suspend the sentence shall be determined by the people's court according to the specific circumstances.
A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the handling result of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law. In other words, the parties or victims have given emotional forgiveness, which also shows that the attitude of the parties or victims not to pursue it is of certain reference value for reducing or exempting punishment.
The criminal letter of understanding itself has no fixed format. The purpose of issuing letters of understanding is to reduce the punishment of criminal suspects, and some can release criminal suspects on bail pending trial. Therefore, the letter of understanding is sent by the victim to the criminal's family, and is generally handled by the responsible lawyer. But if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this letter of understanding. If the premise of the letter of understanding causes harm to the victim, it shall be clearly stated that the compensation has been reached and the actual compensation has ended. If there is no harm to the victim, there is no need to express it, but the focus of the letter of understanding should be clear that the victim has understood and the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect).
Four, how to stipulate the sentencing standard of traffic accident crime?
According to the provisions of Article 133 of the Criminal Law, there are three different punishment levels (sentencing levels) for traffic accidents:
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing a major accident, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving.
To sum up, the role of the letter of understanding in drunk driving traffic accidents can reduce the criminal suspect's sentencing to a certain extent, but there is no uniform requirement for the format of the letter of understanding in law, because the letter of understanding itself is voluntary by the victim and his family, and the criminal suspect cannot coerce the victim or his family to issue the letter of understanding on the condition of positive compensation, and with the letter of understanding, he cannot be absolutely exempted from criminal punishment.