Tongliao drunk driving punishment standard

Subjective aspects of the law:

1. Those who drive a motor vehicle drunk shall be restrained by the public security organs until they wake up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall not be obtained again within 5 years. 2, drunk driving operating vehicles, by the public security organs to sober up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall not be obtained again within 1 years. After obtaining a motor vehicle driver's license again, you may not drive an operating vehicle. 3, drunk or drunk driving a motor vehicle, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. The driver's license shall be revoked, and the driver's license shall not be obtained again for life. Detailed Rules for the Implementation of Guiding Opinions on Sentencing for Common Crimes (II) clearly stipulates that if probation is applied to dangerous driving crimes, the defendant's degree of drunkenness, road environment, danger, damage consequences, subjective malignancy, personal danger, confession and repentance attitude and other factors should be comprehensively considered to decide whether to apply probation. In any of the following circumstances, probation is generally not applicable: 1) the alcohol content is above 2mg/1ml; 2) Organizing drag racing; 3) taking drugs and narcotic drugs; 4) Those who seriously violate the road traffic safety laws, such as overcrowding, overloading and speeding, are not qualified to drive a motor vehicle, and use forged or altered motor vehicle number plates; 5) Having received administrative punishment or criminal punishment for dangerous driving; 6) Have been sentenced for dangerous driving; 7) Having been fined more than 1, yuan; 8) Having been fined more than 1, yuan. Driving, subject to administrative punishment or criminal investigation; 6, causing escape after a traffic accident, which does not constitute other crimes; 7, escape or resist, hinder the public security organs to check according to law does not constitute other crimes; 8, refused to appear in court or escape during the proceedings; 9. Other circumstances in which probation is not applicable. Purpose of the law:

Article 91 of the Road Traffic Safety Law stipulates that anyone who drives a motor vehicle after drinking alcohol shall be temporarily detained for six months and fined between 1, yuan and 2, yuan. Those who are punished for driving a motor vehicle after drinking and driving a motor vehicle after drinking again shall be detained for not more than 1 days, fined not less than 1, yuan but not more than 2, yuan, and their motor vehicle driving licenses shall be revoked. Those who drive a motor vehicle drunk shall be restrained by the traffic administrative department of the public security organ until they are sober, and their motor vehicle driving licenses shall be revoked, and they shall not re-obtain motor vehicle driving licenses within five years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5, yuan, and his motor vehicle driver's license shall be revoked. He shall not re-obtain his motor vehicle driver's license within five years. Those who drive and operate motor vehicles under the influence of drunkenness shall be restrained by the traffic administrative department of the public security organ until they wake up, and their motor vehicle driving licenses 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 the motor vehicle driver's license is obtained again. If a traffic accident occurs while driving a motor vehicle while drinking or drunk, 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 the motor vehicle driver's license shall not be re-obtained for life.