Drunk driving should be exempted from criminal punishment as long as it meets the conditions for exemption from criminal punishment. For example, if the circumstances are obviously minor and the harm is not great, it should be possible and the punishment can be exempted.
Conditions for exemption from criminal punishment for drunk driving:
1, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;
2, the crime has passed the limitation period; Exempt from punishment through Amnesty;
3, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
4. The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Article 177 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.