Anyone who drives a motor vehicle drunk on the road shall be detained and fined. The fine here needs to be determined according to the contents of the specific provisions of the criminal law, and the specific amount of fine is determined by the court according to the actual situation of the case. Deciding the amount of the fine must be based on the circumstances of the crime. The circumstances of a crime are all kinds of facts that show the social harm of a criminal act and the personal danger of the criminal. Determining the amount of fine according to the circumstances of a crime is an inevitable requirement of the principle of adapting crime to punishment. The circumstances of the crime include the means of crime, the object of crime, the consequences of crime, the time and place of crime.
The standard sentence for drunk driving punishment includes:
(1) drunk driving, the driver's license will be temporarily suspended for 6 months, and a fine of 1000 yuan to 2,000 yuan will be imposed. 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) driving an operating vehicle after drinking alcohol shall be detained on 15, fined 5,000 yuan, and his driver's license shall be revoked, and he shall not re-obtain his driver's license within 5 years.
What are the constitutive elements of the crime of dangerous driving?
1, the object is public safety, that is, dangerous driving behavior endangers public safety and brings potential danger to public safety belts, that is, unspecified and most people's lives, bodies or property;
2. Objectively, it is manifested as drunk driving a motor vehicle on the road or chasing a race on the road, and the circumstances are bad;
3. The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can become the subject of this crime. In practice, it is mainly motor vehicle drivers;
4. The subjective aspect of the crime of dangerous driving is intentional, that is, knowing that driving a motor vehicle drunk on the road or driving a motor vehicle chasing a race on the road will endanger public safety and hoping or letting this happen.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Road Traffic Safety Law of the People's Republic of China.
Article 91 Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 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.