Whether drunk driving is sentenced depends on whether drunk driving constitutes a crime. Drunk driving does not necessarily constitute a crime, it only constitutes a crime if it complies with the criminal law.
Drunk driving is a behavior, the term "drunk driving" is not a crime. Drunk driving may constitute three crimes: Dangerous driving, which constitutes this crime as long as you are drunk while driving on the road, regardless of whether there is a traffic accident. This crime is punishable by imprisonment and a fine. The penalty for this crime is light.
Traffic accident crime. Anyone who violates traffic laws (drunk driving already violates traffic laws) and causes a major accident, causing serious injury or death or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if there are other particularly serious circumstances, he shall be sentenced to not less than three years and seven years A person shall be sentenced to fixed-term imprisonment of not more than 10 years; if escaping causes death, he shall be sentenced to fixed-term imprisonment of not less than 7 years. The crime of endangering public safety by dangerous means. If you do not flee while driving drunk, actively cooperate with the traffic police department in handling traffic accidents, and do not disregard the personal and property safety of most people, then it is just an ordinary traffic accident. However, if you drive under the influence of alcohol or drive at high speed after a traffic accident, and allow the consequences that endanger public safety to occur, and your escape behavior has endangered the safety of unspecified people, and ignore the safety of pedestrians, other motor vehicles or non-motor vehicles, you are suspected of endangering public safety. crime. Being sentenced to fixed-term imprisonment of more than ten years, life imprisonment or the death penalty is very serious.
In contemporary society, the dangers of drunk driving may not be particularly clear, nor do we know how to punish drunk driving. Usually they should be treated as dangerous driving crimes or traffic accident crimes, and some minor drunk driving vehicles are determined as administrative penalties.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 133 of the "Criminal Law of the People's Republic of China"
The crime of traffic accident violates traffic regulations, resulting in a major accident, resulting in If a person is seriously injured or dies, or public or private property suffers heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if he escapes after a traffic accident or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if his escape causes death, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. A term of imprisonment of not less than seven years.