After the trial, the court held that Wang drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. He was sentenced to two months' criminal detention and fined RMB 2,000.
Comments: The Criminal Law Amendment (VIII) added the crime of dangerous driving, made it a crime to drive a motor vehicle on the road to chase competitive driving and drunk driving, and stipulated criminal detention and fines, in order to increase the punishment for such acts and strengthen the protection of people's livelihood. The inspection standard of drunk driving is GB 19522-2004, that is, the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 0.2 mg/ml and less than 0.8 mg/ml is drinking driving; Driving behavior greater than or equal to 0.8 mg/ml belongs to drunk driving. In this case, Wang was driving a car and his blood alcohol content was 2.24mg/ml. He is a drunk driver and should be convicted and punished for dangerous driving. The court sentenced him according to his drunken state, traffic accident and degree of damage.
Case 2: Che, a native of Bijie County, Guizhou Province, went to work in the whale dragon cement plant in Xushe Town, our city. 201101018. Che was drinking with his fellow villagers in Xushe Town, and drunk driving a two-wheeled motorcycle collided with Guo's electric bicycle on the road, and the police rushed to the scene to seize it. The defendant took full responsibility for the accident. After testing, Chemou's blood alcohol content was 2. 12mg/ml, which belonged to drunk driving.
After the trial, the court held that a car was drunk driving a motor vehicle on the road, causing a traffic accident and taking full responsibility for the accident. His behavior has constituted the crime of dangerous driving. Che was sentenced to two months' criminal detention and fined 2000 yuan.
Comments: Motor vehicles in the crime of dangerous driving are not limited to cars, but also motorcycles and agricultural vehicles. But judging from the convicted cases, motorcycle drivers account for the majority in dangerous driving cases. This is precisely because motorcycle drivers are not strong enough in legal awareness of drunk driving. Many people think that drunk driving is dangerous driving, but they don't care about driving motorcycles, agricultural vehicles and other motor vehicles, which leads to drunk driving and bear criminal responsibility.
Case 3: Lu is from my town. On July 20th, around 1 10, Lu drank 3,420-degree liquor at a friend's house in Xushe Town, and while driving his unlicensed two-wheeled motorcycle in driving without a license from north to south along the old line, he fell to the ground and was injured and unconscious. The police received an alarm from the masses and rushed to the scene of the accident to capture Lu. After testing, the alcohol content in Lu's blood was 1.86mg/ml.
After the trial, the court held that Lu was drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. Lu was sentenced to one month's criminal detention and fined 2000 yuan.
Comments: The crime of dangerous driving is an abstract dangerous crime. As long as the perpetrator carries out drunk driving, it is not necessary to have specific results that endanger public safety. In this case, Lu accidentally injured himself by riding a two-wheeled motorcycle, but did not cause personal injury or loss of public or private property. However, because Lu was drunk driving a motor vehicle, his behavior has been formed, so he should still be investigated for criminal responsibility for dangerous driving.
Case 4: At about 2011kloc-0/0/October 23rd 14, Shumou and his friends drank half a catty of low-alcohol liquor in the hotel and drove a two-wheeled motorcycle to Hexi Street in Xushe Town. It coincides with the construction of this section. Not only building materials such as cement and yellow sand are piled up on the road surface, but also an excavator is parked, and the traffic of passing vehicles is blocked. To this end, Shumou had a dispute with the construction workers on the construction site. After Shumou called the police himself, he asked the police to come and deal with it. When the police rushed to the scene and found that Shu was suspected of drunk driving, he was tested for alcohol. After testing, the blood alcohol content of Shu was 1.32mg/ml.
After the trial, the court held that Shumou drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. He was sentenced to one month's criminal detention and fined RMB 1,000.
Comments: In this case, the original intention of Shumou's alarm was to ask the police to go to the scene to handle the dispute with the construction workers and help maintain the smooth road. This dispute was not originally a road traffic accident, but the police found that Shu was suspected of drunk driving and had the right to investigate and deal with it according to law. After confirmation, he was investigated for criminal responsibility according to law.