What is the policy of Huairou drunk driving 20 18?
(1) road traffic safety law punishment
According to the newly revised Road Traffic Safety Law:
1, drunk driving a motor vehicle, the traffic administrative department of the public security organ shall sober up, revoke the motor vehicle driver's license, and be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
2 drunk driving, operating a motor vehicle, the traffic management department of the public security organ will restrain it until it wakes up, revoke the motor vehicle driver's license, and be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be re-obtained within ten years, and no motor vehicle shall be driven or operated after re-obtaining the motor vehicle driver's license.
3. If a serious traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, 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 obtain the motor vehicle driver's license again for life.
(2) Penalty in criminal law and related judicial interpretation.
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 under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law:
(a) causing a traffic accident, taking full or main responsibility for the accident, or causing a traffic accident to escape, which does not constitute other crimes;
(2) Blood alcohol content exceeds 200mg/100ml;
(3) Driving on expressways and urban expressways;
(4) driving a passenger motor vehicle;
(5) Serious violations of road traffic safety laws such as overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle number plates. ;
(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) Being subject 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, obstructing the public security organ from inspection according to law by violence or threats, which constitutes other crimes such as obstruction of official duties, shall be punished in accordance with the provisions of combined punishment for several crimes. 4. When the defendant who is drunk driving a motor vehicle is sentenced to a fine, the amount of the fine applicable to the principal punishment shall be determined according to the defendant's degree of drunkenness, whether it has caused actual damage, and his 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 promptly investigate, prosecute and try them within the statutory time limit.
At present, there is no new policy on drunk driving in China, so Huairou drunk driving policy 20 18 is still handled according to the laws and regulations that have been implemented before. But now the traffic police teams in various regions generally disclose the personal information of drunk drivers through various channels at an appropriate time. If you don't want to be exposed like this, start from yourself and refuse drunk driving!
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