(a) "Road Traffic Safety Law" punishment
1, drunk driving a motor vehicle, the traffic administrative department of the public security organ shall restrain him from drinking, revoke his motor vehicle driver's license, and shall be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
2, drunk driving operation of motor vehicles, by the traffic administrative department of the public security organs to restrain their abstinence, revoke the motor vehicle driver's license, shall be investigated for criminal responsibility 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.
3. 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. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.
(2) Punishment of criminal law and related judicial interpretations.
1, Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle drunk on the road shall be detained and fined.
2, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident and taking full or main responsibility for the accident, or causing the escape after a traffic accident, which does not constitute other crimes;
(2) The blood alcohol content is more than 200mg/100ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle license plates and other serious violations of road traffic safety laws;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
3, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime such as nuisance of official duties, in accordance with the provisions of combined punishment for several crimes.
4. If a defendant who is drunk driving a motor vehicle is sentenced to a fine, the amount of the fine appropriate to the principal punishment shall be determined according to the degree of drunkenness of the defendant, whether it has caused actual damage or not, and the attitude of pleading guilty and repenting.
5. To handle criminal cases of drunk driving motor vehicles, we should strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and conduct timely investigation, prosecution and trial within the statutory time limit.
Extended data:
Penalty clause for drunk driving
Drunk driving, the driver's license for 6 months, and impose a fine of 1000 yuan and 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.
Those who drive drunk shall be restrained by the public security organs until they are sober. 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.
Being detained for driving an operating vehicle after drinking 15 days, fined 5,000 yuan, revoked the driver's license, and not allowed to re-obtain the driver's license within 5 years.
Those who drive and operate vehicles after drinking shall be restrained by the public security organs until they are sober. 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.
If a serious traffic accident occurs after drinking or drunk driving, which constitutes a crime, criminal responsibility shall be investigated according to law. If the driver's license is revoked, it shall not be re-obtained for life.
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