What are the new regulations for drunk driving in Bengbu, Anhui?

What are the new regulations for drunk driving in Bengbu, Anhui? First, the filing standard For motor vehicle drivers whose alcohol content has reached the drunken standard (≥80mg/ 100ml) in the Threshold and Inspection of Alcohol Content in Blood and Exhaled of Motor Vehicle Drivers issued by the State Quality Supervision, Inspection and Quarantine Bureau, regardless of whether they have any objection to the test results, the staff of medical institutions or qualified inspection and appraisal institutions should take blood samples according to the specifications and conduct blood alcohol content testing in time. If the test result reaches the standard of drunkenness, a case shall be filed for investigation. After being arrested, anyone who intentionally drinks alcohol before breath test or blood collection and whose blood alcohol content reaches the standard of drunk driving a motor vehicle after being tested shall be put on file for investigation. After being seized, those who have reached the standard of breathing drunkenness and fled before blood collection shall be placed on file for investigation. Two. Application of Compulsory Measures If a criminal suspect or defendant who has been subjected to compulsory measures of criminal detention, a public security organ, a people's procuratorate or a people's court cannot complete investigation, prosecution or trial during the period of criminal detention, they shall be released on bail pending trial or placed under residential surveillance. If a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance violates the relevant provisions of the Criminal Procedure Law and the circumstances are serious, he may request or decide to arrest according to law. No compulsory measures shall be taken against criminal suspects or defendants except in the circumstances specified in the preceding paragraph. If the defendant who is released on bail pending trial or under residential surveillance escapes, the people's court may suspend the trial. After the defendant is brought to justice and the reasons for suspending the trial disappear, the trial will be resumed. The time limit for suspending the trial is not counted in the trial time limit. If the defendant who has not been detained is sentenced to actual punishment, the people's court may, after the judgment takes effect, detain the criminal according to the effective judgment or ruling and send it to the public security organ for execution, and the public security organ shall put him in prison for execution according to the effective criminal judgment (ruling) and the notice of execution. Three. The identification of motor vehicles "motor vehicles" as stipulated in Article 133 of the Criminal Law shall be implemented in accordance with Item (3) of Article 119 of the Road Traffic Safety Law and the Technical Conditions for Safe Operation of Motor Vehicles issued by the General Administration of Quality Supervision, Inspection and Quarantine, including all kinds of automobiles, motorcycles and mopeds. Four. Identification of roads The "road" specified in Article 133 of the Criminal Law shall be implemented in accordance with Item (1) of Article 119 of the Road Traffic Safety Law, which refers to highways, urban roads and places that are under the jurisdiction of the unit but allow social motor vehicles to pass, including squares, public parking lots and other places used for public transportation, excluding passages where motor vehicles are not allowed to pass freely, such as residential quarters, schools, enterprises and institutions. For drunken people who move parking spaces in public places such as squares and public parking lots. Or driving to the door of a residential area and then taking over and driving into the residential area, or driving out of a public parking lot or residential area and giving it to others to drive, can't be treated as a crime. V. In the case of "drunk driving" as evidence in litigation, the following evidence and relevant files shall be obtained: (1) the confession and defense of the defendant; (2) A witness can prove the testimony of drunk driving a motor vehicle; (3) alcohol breath test checklist and blood alcohol content report; (4) blood sample extraction record or extraction registration form; (5) A description of the seizure issued by the law enforcement police; (6) Photographs or audio recordings of the defendant detained at the scene and the vehicle he is driving; (7) Other evidence related to the case (including household registration certificate, driver's license, driving license, previous traffic violation record, criminal record, etc.). If you intentionally drink alcohol after being caught on the spot, you should comprehensively determine the alcohol content according to the results of breath test and blood test; Those who drink alcohol on the spot after breath test shall be given a heavier punishment according to the results of breath test. If the alcohol content of breath test reaches the standard of drunk driving a motor vehicle, and escapes before taking blood samples, the breath test results shall prevail. In the case of "drunk driving", in principle, the blood alcohol content will not be re-identified. However, the appraisal institution or appraiser does not have the appraisal qualification, the appraisal sample is wrong, and the appraisal procedure is seriously illegal. On the criminal punishment of the crime of drunk driving a motor vehicle, the alcohol content is the main sentencing factor reflecting the danger degree of this crime, and the type of vehicle driven, the type of road driven and the actual damage consequences are important sentencing factors. At the same time, it is necessary to comprehensively consider the defendant's guilty attitude, the circumstances of being punished for drunk or drunk driving a motor vehicle, and other traffic violations. To punish crimes of drunk driving, we must adhere to the criminal policy of combining leniency with severity. Focus on cracking down on the drunk driving behavior of all kinds of cars on expressways, urban roads and expressways, especially the drunk driving behavior of operating vehicles, buses, dangerous goods transport vehicles, school buses, employee buses, medium (heavy) trucks and engineering transport vehicles. While highlighting the key points of punishment, we should deal with the drunk driving problem of two-wheeled electric vehicles and motorcycles that exceed the standard realistically, and treat other minor drunk driving cases differently, thus achieving better social effects. If it constitutes a crime, it shall be convicted; Those who conform to the provisions of Article 13 of the Criminal Law and cannot be treated as crimes are not considered as crimes. 1, drunk driving, whose alcohol content exceeds 180mg/ 100ml, or whose alcohol content is below 180mg/ 100ml, but has one of the following aggravating circumstances, probation is not applicable: (1. (two) drunk driving on the highway; (three) operating vehicles, buses, dangerous goods transport vehicles, school buses, employee buses, medium (heavy) trucks, engineering transport vehicles and other drunk driving motor vehicles; (4) No driving qualification (refers to the situation that the driver's license has been revoked, temporarily detained or detained. Short-term beyond the annual inspection period of the driver's license and the driver's license has been deducted, which does not belong to the driving without a license automobile qualification); (five) knowing that it is a vehicle that does not meet the safety inspection standards or has been scrapped; (six) when being investigated, there are acts such as evading, resisting inspection, and letting people replace them, and the circumstances are serious; (7) refusing to appear in court or escaping in the course of litigation; (8) Being investigated for drunk driving within three years, and being investigated for drunk driving within five years. Probation is only applicable to defendants whose alcohol content is below 180mg/ 100ml, who do not have the above aggravating circumstances and plead guilty. If the alcohol content is below 140mg/ 100ml and there is no such aggravating circumstance, public prosecution may not be initiated or criminal punishment may be exempted. 2. Drunk driving a two-wheeled or three-wheeled motorcycle whose alcohol content is below 160mg/ 100ml, without causing minor injuries to others and the above consequences, may not be treated as a crime; If the alcohol content exceeds 160mg/ 100ml but is below 200mg/ 100ml, which has not caused minor injuries to others and the above consequences, it may not be prosecuted or exempted from criminal punishment; If the alcohol content exceeds 200mg/ 100ml, or causes minor injuries to others and the above consequences, criminal punishment shall be given. 3, drunk driving two-wheeled electric vehicles, without causing minor injuries to others and the above consequences, can not be treated as a crime. If the alcohol content is below 200mg/ 100ml and meets the conditions for probation, probation can be applied; If there is no need to be sentenced to punishment, no prosecution may be instituted or criminal punishment may be exempted. 4. Those who are concurrently fined shall be detained for one month and fined 2,000 yuan, which shall be calculated cumulatively. If a crime of drunk driving a motor vehicle constitutes other crimes, he shall be severely convicted and punished according to law, and probation is not applicable. The fact that "drunk driving" criminals have rendered meritorious service does not change the standard of probation. Those who have made significant meritorious service may be exempted from punishment. 5. Drunk driving is a serious situation of drunk driving. For drunk driving a motor vehicle, if it is not treated as a crime according to the above provisions, the public security organ may give administrative punishment. Seven. Supplementary Provisions People's courts, people's procuratorates and public security organs at all levels shall cooperate and restrict each other in handling cases of "drunk driving", strengthen coordination and communication, simplify handling procedures, improve handling efficiency, make the handling of cases within their respective jurisdictions smooth and the sentencing basically balanced, and ensure the social effect of handling cases. People's courts at all levels, people's procuratorates and public security organs should conduct extensive legal publicity through handling cases to prevent and reduce the occurrence of "drunk driving" cases. If the contents of this summary are inconsistent with the laws, judicial interpretations and relevant provisions of the higher authorities, the laws, judicial interpretations and relevant provisions of the higher authorities shall prevail. To sum up, drunk driving has been included in one of China's criminal laws, and China has also introduced relevant regulations. As long as it is found that it is drunk driving, it will definitely be severely punished, and the worst person will not get a driver's license for life. Therefore, it is very easy to drive after drinking, and we must resolutely resist it.