Legal basis:
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
Extended data
Other relevant laws
20 1 1 On February 25th, the 19th meeting of the 11th the National People's Congress Standing Committee (NPCSC) voted to pass the criminal law amendment (VIII), which revised and supplemented the relevant provisions of the criminal law, and defined drunk driving as a crime seriously endangering the interests of the masses for the first time, which was officially implemented on May 1.
The specific provisions are as follows: "Whoever drives a motor vehicle on the road to chase after a race, if the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be detained and fined." The definition standard of drunk driving is: the alcohol content per 100 ml of blood is higher than or equal to 80 mg.
This also means that in the future, anyone who is drunk driving a motor vehicle on the road, once caught, will face the punishment of up to half a year's criminal detention. Its nature has also evolved from the past administrative violations to criminal acts.
Civil servants drunk driving is almost equivalent to smashing their own "iron rice bowl." Paragraph 2 of Article 17 of the Regulations on Punishment of Civil Servants of Administrative Organs stipulates that civil servants of administrative organs shall be dismissed if they are sentenced to punishment according to law.
Article 9 1 of the revised Road Traffic Safety Law stipulates that,
Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan.
Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.
A drunk driver of a motor vehicle shall not re-obtain a motor vehicle driving license within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.
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 driving license and shall not re-obtain the motor vehicle driving license for life.
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