Can drunk driving be exempted from criminal punishment?

Legal analysis: if the perpetrator is drunk driving and the circumstances are obviously minor and harmless, he will not be convicted and punished; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. According to the relevant laws and regulations, when the defendant is drunk driving a motor vehicle, he should comprehensively consider the defendant's degree of drunkenness, the type of motor vehicle, the driving road and speed of the vehicle, whether it has caused actual damage, and whether he has pleaded guilty and repented. , and accurate conviction and sentencing.

Legal basis: Article 133-1 of the Criminal Law of People's Republic of China (PRC), whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

(a) chasing racing, the circumstances are bad;

(two) drunk driving a motor vehicle;

(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;

(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.

Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

Threshold and test of blood and respiratory alcohol content of vehicle drivers 4. 1 alcohol content threshold.

See table 1 for the threshold of alcohol content in blood of vehicle drivers after drinking or driving after drinking.

Table 1 threshold of blood alcohol content of automobile drivers

Driving behavior category threshold

Threshold of driving behavior category (mg/ 100mL)

Drunk driving ≥20, < 80

Drunk driving ≥80