The sentencing of dangerous driving crime includes two parts: criminal detention and fine.
1, criminal detention is determined within the range of one month to six months;
2. The fine is determined according to the criminal circumstances such as dangerous driving behavior and actual damage consequences, taking into account the defendant's ability to pay the fine.
Please refer to the following points about punishing drunk driving in a dangerous way:
1, according to Threshold and Test of Alcohol Content in Blood and Exhaled Gas of Vehicle Drivers (GB 19522-20 10), drunk driving refers to the driving behavior of vehicle drivers whose blood alcohol content is 80mg/ 100ml or more. According to the provisions of Article 133 of the Criminal Law, drunk driving a motor vehicle on the road constitutes a crime of dangerous driving and should be sentenced to criminal detention of not more than six months and fined.
2. If the alcohol content in the blood is low and there are no other serious consequences, the criminal suspect's family can entrust a lawyer to apply to the public security organ for bail pending trial, and whether to agree to bail pending trial is decided by the public security organ.
3. The maximum period of criminal detention is 37 days. Those who fail to obtain bail pending trial shall be arrested and sentenced after criminal detention and will not be released after the expiration of criminal detention.
4. Vehicles detained by the traffic police can be directly released by the owner or criminal suspect to the traffic police department.
Drunk driving should be punished according to the following standards:
(1) The perpetrator of drunk driving constitutes the crime of dangerous driving and should be detained and fined; And the transportation department will be restrained and sober, revoke the motor vehicle driver's license and prohibit driving for five years;
(two) drunk driving has a major accident, resulting in serious consequences, which constitutes a traffic accident, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after an accident or if the circumstances are particularly bad shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than 7 years.
Legal basis:
Article 91 of the Road Traffic Safety Law of the People's Republic of China
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.
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.
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.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his 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 ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
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.