Opinions on some issues concerning the application of law in handling criminal cases of drunk driving motor vehicles
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, 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, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license 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) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
Three, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime of obstruction of official duties and other crimes, in accordance with the provisions of combined punishment for several crimes.
Four, the defendant drunk driving a motor vehicle to impose a fine, according to the defendant's drunkenness, whether it caused actual damage, confession and repentance attitude. , to determine the amount of fines appropriate to the main punishment.
Five, 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.
Six, 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.
If a criminal suspect drinks alcohol before breath alcohol content test or blood drawing in order to avoid legal investigation in the inspection conducted by the public security organ according to law, and his blood alcohol content reaches the drunk standard stipulated in Article 1 of this opinion, he shall be deemed as drunk.
Seven, to handle criminal cases of drunk driving motor vehicles, we must strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and timely investigate, prosecute and try within the statutory time limit.
A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.