root
According to the criminal law of China, drunk driving will be punished by one to six months' criminal detention and fines. Guiding Opinions of the Supreme People's Court on Sentencing for Ordinary Crimes (II) (Trial) (hereinafter referred to as "Guiding Opinions on Sentencing")
The sentencing of dangerous driving crime is further refined: 1. If it constitutes a crime of dangerous driving, the starting point of sentencing can be determined within one to two months of criminal detention. 2. On the basis of the starting point of sentencing, you can drive according to danger.
Acts that affect the criminal process and other criminal facts, increase the amount of punishment and determine the benchmark punishment. 3. For the defendant who is drunk driving, the defendant's degree of drunkenness, motor vehicle type, vehicle driving road and driving situation should be comprehensively considered.
Speed, whether it causes actual damage, confession and repentance, etc. , and accurate conviction and sentencing. 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.
Punishment.
In this case, the motor vehicle driven by Lang Yongchun meets the safety technical conditions; The driving time is around 1 1 p.m. There are few vehicles and pedestrians on the road, and the driving distance is short. It's about three or four kilometers from the hotel to home. There was no speeding during driving, so Lang Yongchun's drunk driving plot was lighter in terms of "motor vehicle type, vehicle driving road and driving speed".
In this case, although Lang Yongchun had a vehicle collision during drunk driving, it was very minor (the loss was not identified, but it was confirmed by the testimony of the other party that the collision was very minor). Lang Yongchun entrusted his relatives to actively compensate the other party for the loss at the first time and reached a settlement agreement to obtain the other party's understanding. According to the relevant policies of the Supreme Court, drunk driving can no longer be regarded as an aggravating circumstance.
exist
Judging from the degree of drunkenness, Lang Yongchun's blood alcohol content is 207 mg/100 ml, which is a severe punishment. However, Lang Yongchun also has the plot of surrender. According to Article 67 of the Criminal Law, "For criminals who surrender themselves,
Criminals can be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. "Therefore, Lang Yongchun's surrender plot is enough to offset the heavier punishment of drunkenness.
Lang Yongchun has always performed well, with integrity and hard work. This is a first-time offender, an occasional offender, and I regret it afterwards. He felt deeply sorry for his wife and the public. Sincere and thorough repentance attitude is also a discretionary consideration in sentencing.
"method
Everyone is equal before the law, but we can't get preferential treatment in sentencing because Lang Yongchun is a celebrity, and we can't get heavier punishment in sentencing because Lang Yongchun is a celebrity. This is another layer of "everyone is equal before the law".
Justice. In other words, before the law, Lang Yongchun is just an ordinary person and should be sentenced in strict accordance with the law and facts. To sum up, the above sentencing circumstances about Lang Yongchun's drunk driving are still general, so the court is in court.
On the basis of the starting point of sentencing stipulated in the Guiding Opinions on Sentencing, it is appropriate to sentence criminal detention for three months, which is also within the scope of sentencing recommendations of the procuratorate.
It's wrong to drive after drinking.