A real case of 250 people sentenced to probation for drunk driving

Legal subjectivity:

There is no way to get a suspended sentence for drunk driving with alcohol 250, because the law clearly stipulates that it is a heavier punishment. Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles: If a drunk driving motor vehicle has one of the following circumstances, he shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law: (1) Causing a traffic accident, taking full or main responsibility for the accident, or escaping 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.

Legal objectivity:

Article 133 of the Criminal Law of People's Republic of China (PRC), whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment. Opinions on several issues concerning the application of law in handling criminal cases of drunk driving motor vehicles 1. Driving a motor vehicle with a blood alcohol content of more than 80 mg/100 ml on the road is a drunk driving motor vehicle. According to the provisions of the first paragraph of Article 133-1 of the Criminal Law, it is 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. (2) drunk driving a motor vehicle, in 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) causing a traffic accident, taking full or major responsibility for the accident, or escaping 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.