Under any of the following circumstances, if the conditions for probation are met, probation may be applied:
(1) Plead guilty, repent, and actively compensate;
(2) Obtain the understanding of the injured party;
(3) Slightly drunk;
(4) Other circumstances in which probation can be applied.
Exemption from criminal punishment: if the drunkenness degree is below 100 mg/100 ml and he is a first-time offender, he can be exempted from criminal punishment if he pleads guilty and repents without causing other losses or consequences.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 72 A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Article 133 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.