Opinions of the Supreme People's Court, Ministry of Public Security, the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles II. Drunk driving a motor vehicle under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers.
Extended data:
Conditions:
One is sentenced to criminal detention or short-term imprisonment;
Second, criminals do show repentance, and the court believes that temporarily not executing the sentenced punishment will not endanger society again;
Third, criminals are not recidivists or ringleaders of criminal groups.
In other words, the application of probation is to consider the repentance of criminals under the premise that they have been sentenced to punishment, so as to determine whether it will really not harm society and decide whether to execute the punishment. How to accurately grasp the application, the key lies in how to determine that the sentenced criminal "does not really endanger society again."
In the trial practice, it is entirely up to the people's court to decide whether to apply probation. Because there is no unified consideration standard for "not endangering society again", some people consider the plot of the defendant's crime, the performance of repentance after the crime, the attitude of the victim and so on.
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