drunk driving
Driving a motor vehicle after drinking alcohol, the driver's license shall be suspended for six months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed. Penalties for driving a motor vehicle after drinking have been added. Those who drive a motor vehicle after drinking again will be detained for 10 days, fined for more than 1000 yuan but less than 2,000 yuan, and their motor vehicle driving licenses will be revoked. drunk driving
Anyone who drives a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, and his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law, and he shall not obtain a motor vehicle driving license again within five years.
Drunk driving and operating vehicles
Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained 15 and fined 5000 yuan. Its motor vehicle driver's license will be revoked and it is not allowed to obtain a motor vehicle driver's license again within five years.
Drunk driving and operating vehicles
Drunk driving operating a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it is sober. This clause aggravates the revocation of motor vehicle driver's license and investigates 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.
Drunk driving accident
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and prohibit it from obtaining the motor vehicle driver's license again for life.
How to identify drivers drunk driving
Zhao Jiqiang, director of the Legal Affairs Department of the Beijing Traffic Management Bureau, said that according to the standards for obtaining evidence in criminal cases, drivers suspected of drunk driving must draw blood to obtain evidence. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving early. By comparing the alcohol content in the suspect's body, an expert conclusion can be drawn. At present, the blood alcohol content of 80mg/ 100ml is regarded as the dividing line between drinking and drunkenness in judicial practice.
Every 100 ml of blood contains 20 mg -79 mg of alcohol, which belongs to drunk driving; The alcohol content is above 80mg, which belongs to drunk driving.
Drink a bottle of beer slowly for 45 minutes, and then drink three cups of tea. After 5 minutes, the test results showed that the alcohol content had reached 60 mg. If you drive at this time, it's already drunk driving. After drinking a big paper cup of red wine or white wine, I got drunk.
What's the difference between the punishment after drunk driving and before?
Public officials will be drunk or fired.
According to the current law, drunk driving belongs to administrative detention and is a means of administrative punishment. The punished behavior is minor, illegal but does not constitute a crime.
After drunk driving, people suspected of drunk driving will face criminal detention in the future. Experts say that criminal detention is a kind of punishment, a short-term punishment that deprives criminals of their freedom and works nearby. The executive organ is a public security organ with a long term of office.
The differences between criminal detention and administrative detention are mainly reflected in: first, the nature is different, first, criminal punishment, and second, administrative punishment. Second, the time limit is different. Administrative detention 1 day dissatisfaction 15 days, combined punishment for several crimes shall not exceed 20 days; The term of criminal detention shall be from one month to six months, and the combined punishment for several crimes shall not exceed one year. Third, the consequences are different. Criminal detention will leave a punishment record for the parties, which will have a great impact on their work and life. For example, lawyers, civil servants and employees of state-owned enterprises may all face unemployment. Comparatively speaking, the influence of administrative detention is much less.
The difference between the two is that once sentenced to criminal detention, it means that he has committed a crime.
What if the parties refuse to show their identification or names during the investigation?
If a drunk driver who has been put on file for investigation fails to tell his real name and address and his identity is unknown, he shall be criminally detained according to law; If there is evidence to prove that a criminal fact has occurred, it may register itself and transfer it to prosecution.
According to the second and fourth paragraphs of Article 91 of the Road Traffic Safety Law of the People's Republic of China:
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated 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.
20 1 April/0/day, the new "Measures for Scoring Illegal Acts of Road Traffic Safety" stipulates that those who drink alcohol while drunk driving a motor vehicle will be deducted 12 points at a time. The new road traffic safety law will detain drunk drivers for less than 0/5 days, temporarily detain their driving licenses for more than 3 months and less than 6 months, and impose a fine of more than 2,000 yuan in 500 yuan.
Judgement standard of drunk driving: the behavior of alcohol content greater than (equal to) 80mg/ 100ml blood belongs to drunk driving. According to the national threshold and detection of alcohol content in blood and breath of motor vehicle drivers, drivers whose blood alcohol content reaches 20-80mg in 100ml are considered drunk driving, and those whose blood alcohol content exceeds 80mg are considered drunk driving.
According to the criminal law, a drunken person should bear criminal responsibility for committing a crime. The perpetrator knew that drunk driving would endanger public safety, but ignored the law, especially after the accident, which caused heavy casualties, indicating that the perpetrator subjectively took a laissez-faire attitude towards the continuous harmful results and deliberately endangered public safety. If this kind of drunk driving causes heavy casualties, it should be convicted of endangering public safety by dangerous methods according to law. According to the survey, in 2009, there were 310.3 thousand drunk driving cases in China, including 42 thousand drunk driving cases.
The current criminal law stipulates the sentencing standards for major traffic accidents and escaping after traffic accidents.
On February 26th, 2065438+0/KLOC-0, the Eighth Amendment to the Criminal Law, which was voted by the National People's Congress Standing Committee (NPCSC), listed drag racing and drunk driving as criminal acts for the first time. Article 22 of the amendment stipulates:
"Driving a motor vehicle chasing racing on the road, if the circumstances are bad, or driving a motor vehicle drunk on the road, it shall be detained and fined.
Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. "
To sum up, drunk driving is something we must not commit, and the punishment standard for drunk driving is also particularly strict. Once caught, you will be punished accordingly. If there is a traffic accident, it will generally bear legal responsibility. Therefore, civilized driving is something we should abide by and must not be destroyed.
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