Those who meet the following conditions may be sentenced to probation: those who are sentenced to criminal detention for dangerous driving; The circumstances of the crime are relatively minor; There is no danger of recidivism; There is repentance; The announcement of probation has no significant adverse impact on the community where he lives.
A criminal in criminal detention may be temporarily executed outside prison under any of the following circumstances: suffering from a serious illness and needing medical treatment outside prison; Women who are pregnant or nursing babies, etc.
Drunk driving is suspected of dangerous driving. In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances 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 seven years. Drunk driving is a dangerous driving crime and may be sentenced to criminal detention and fined. Those who meet the following conditions for temporary execution outside prison may be temporarily executed outside prison. Drunk driving, if the blood alcohol content does not exceed 200 mg/100 ml, if there are no aggravating circumstances such as overcrowding and drunk driving records. , can be sentenced to probation. It is the execution outside prison mentioned above.
1. There is a serious illness that requires medical parole;
2. Pregnant or breast-feeding women;
3. Life can't take care of itself, and the application of temporary execution outside prison will not harm society. Can be temporarily executed outside prison. A prisoner sentenced to life imprisonment who is pregnant or breast-feeding may also be temporarily executed outside prison. However, criminals who may be socially dangerous, or criminals who self-harm, even if they meet the conditions, cannot be released on bail for medical treatment. Criminals who do have serious diseases must be released on parole for medical treatment, and must be diagnosed by a hospital designated by the provincial people's government and issue a certificate. Before delivery for execution, temporary execution outside prison shall be decided by the people's court delivering execution; After delivery, the prison or detention center shall put forward written opinions on temporary execution outside prison and report them to the prison management organ at or above the provincial level or the public security organ at or above the municipal level with districts for approval. Drunk driving was suspected of dangerous driving, and dangerous driving was sentenced to criminal detention and fined. The maximum period of criminal detention is 6 months. Was executed in a detention center. Execution outside prison is not allowed unless the conditions for temporary execution outside prison are met.
Legal basis:
Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.