If the perpetrator is drunk driving, and the circumstances are obviously minor and the harm is not great, 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 "Guiding Opinions of the Supreme People's Court on Sentencing for Joint Crimes (Trial)", the defendant who drunk drives a motor vehicle should comprehensively consider the defendant's degree of drunkenness, the type of motor vehicle, the road the vehicle is driving, the driving speed, whether it has caused actual damage and the confession and repentance, and accurately convict and sentence. If the circumstances are obvious, minor and harmless, they shall 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.
Legal objectivity:
Article 133-1 of the Criminal Law of People's Republic of China (PRC) Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing racing and 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.