Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Extended data:
According to the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles Article 1 Whoever drives 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 133-1 of the Criminal Law:
1. Whoever drives a motor vehicle while drunk and obstructs 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 on combined punishment for several crimes.
2. When imposing a fine on a defendant who is drunk driving a motor vehicle, the amount of fine appropriate 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.
Three, the public security organs in the investigation of criminal suspects drunk driving a motor vehicle, the seizure process, breath alcohol content detection and blood collection process should be recorded; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected.
Four, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness.
The Supreme People's Procuratorate —— Some Issues on Applicable Law in Handling Criminal Cases of Drunk Driving Motor Vehicles