Poisonous driving is more serious than drunk driving

On March 20th, People's Procuratorate of Chengdu High-tech Zone; Crime of endangering public safety by dangerous means; Defendant Bai Yang was sued: Bai Yang, a driver of a company in Chengdu, illegally drove after taking ketamine (K powder), resulting in one death and four injuries. In the court, the defendant argued that the defendant was only a one-time fault and should be treated as a general traffic accident. Crime of endangering public safety by dangerous means; can

At about 2011September 26 15, a vicious traffic accident occurred at the junction of Chengdu First Ring Road and Yongfeng Road: Baiyang took ketamine (K powder) and drove a white Buick commercial vehicle to turn right illegally in the non-motor vehicle lane, hitting Skynet monitoring facilities, and then Baiyang suddenly accelerated. On the sidewalk, Baiyang continued to accelerate after hitting an old man, dragging the old man into the non-motor vehicle lane, and constantly accelerating the collision with many people waiting at the bus stop until he was forced to stop after a flat tire, resulting in a tragedy of one death and four injuries.

Yuan Hongqi, the prosecutor in charge of the case, said that the defendant had been taking drugs since 2006 and was a full-time driver with 10 years of driving experience. Judging from the time point of the defendant's behavior change, he knew that after taking drugs, his control ability would be weakened and he consciously let go. Yuan Hongqi said that the defendant's several acceleration behaviors later showed that the vehicle was still under control. Obviously, the defendant subjectively and indirectly endangered public safety.

The defender argued that the defendant did not know that he could not drive while taking drugs. Therefore, the defendant did not cause any harm to public safety. Therefore, subjectively, the accident should be treated as a general traffic accident crime. In this regard, the original red flag believes that the reason is not sufficient: the defendant has a history of drug abuse for six years, and the defendant had a record of violating six different traffic laws eight times in the year before the incident. Therefore, the procuratorate decided that he had been indifferent to public safety and should be classified as a crime of endangering public safety.

Facing the prosecutor's accusation, Bai Yang admitted taking drugs. Sometimes hallucinations occur. But he always thought that drug abuse would not have much effect on driving. For the accident, Bai Yang always insisted that he knew nothing.

Yuan Hongqi told reporters that according to Bai Yang's description, he used to smoke in an Internet cafe. K powder. About 13: 00. Used to refresh again while driving. A traffic accident happened in a trance. According to Bai Yang's confession, K powder was sucked. The urine test and identification of the size of the fingernail provided by the prosecutor also showed that he did take it. K powder. , but can't prove the quantity.

Expert opinions/suggestions

Poisonous driving ratio &; Other drunk driving. More serious

Crime of endangering public safety by dangerous means; The different nature of traffic accident crime will lead to different sentencing. The highest penalty for the former crime is the death penalty; The maximum penalty for the latter crime is three years' imprisonment. Therefore, in this case, the defendant's defender tried to characterize the defendant's criminal behavior by causing traffic accidents.

In view of the fact that the defendant took drugs for 6 years and drove 10 years, he still deliberately took drugs to drive, which was a subjective fault of the crime. The defendant's recognition ability and behavior control ability were seriously reduced due to drug abuse, until he completely lost consciousness after the incident, which was roughly equivalent to drunk driving. Therefore, it can be considered that there is a causal relationship between their drug taking behavior and the results caused by driving.

Driving will be punished. This is not a new punishment mechanism, but justice. Crime of endangering public safety by dangerous means; Specific performance. Poisonous driving is&; Other drunk driving. For more serious behaviors, the law clearly stipulates the identification standard of drunkenness, but drunk driving is not like drunk driving. So it is easy to identify, after all, blood test and urine test are different.

Ma Jinghua, Professor of Criminal Procedure Law, Sichuan University

Suggested legal standards for drug driving

You can say there is also drunk driving. By contrast, the law is correct. Poisonous driving is very tolerant. According to the road traffic safety law. Poisonous driving and&; Other drunk driving. Motorists are absolutely forbidden to go on the road, but there is no provision in the criminal law. Poisonous driving clearly stipulates the legal responsibility. If there is no accident, the police can only impose public security punishment on drug abuse according to the provisions of the Anti-Drug Law. Of course, if a drunk driver causes an accident, he can be convicted and punished for the crime of causing a traffic accident, or he can be treated as a crime of endangering public safety. However, to a certain extent, this will inevitably let go of many people's drug driving behavior without serious consequences.

Suggest the introduction of relevant judicial interpretations or departmental regulations; I am rich. State (similar to being drunk. ) Set clear identification standards and unify judicial application.

Shi Jie, director of Sichuan Dingli Law Firm.

The crime of causing traffic accidents should be excluded.

Even if, as the defender said, the defendant did not foresee the occurrence of traffic accidents after taking drugs, his behavior endangering public safety already exists objectively, and it should be ruled out that the crime of causing traffic accidents can be characterized as a crime. The essence of this situation lies in the crime of endangering public safety by dangerous means; Or the crime of negligent endangering public safety; Be found guilty.

The difference between the two crimes is that the latter crime must have serious consequences of causing serious injuries, death or heavy losses to public and private property in order to constitute a crime; As long as the former commits an act that endangers public safety, even if it does not cause serious consequences, it also constitutes a crime. The latter crime is subjectively constituted by negligence; The former sin was intentional. In this case, if the defendant can really foresee that drug abuse will lead to trance driving, it should undoubtedly be characterized as the crime of endangering public safety by dangerous means; However, if the defendant has evidence to prove that he thinks he can stay awake after taking drugs, then his criminal behavior can be characterized as the crime of negligent endangering public security; .

Wang Shizhou, doctoral supervisor of criminal law in Peking University.

As long as driving with drugs is considered a crime.

According to the Road Traffic (Amendment) Bill 20 1 1 passed by the Legislative Council of the Hong Kong Special Administrative Region on February 4, 201,even if the driver is not affected by drugs, as long as the blood or urine contains the specified drugs, regardless of the concentration, it is illegal and can be punished.

According to statistics, in recent years, the cases of drug driving in Hong Kong have risen sharply. 84 people were arrested on 20 10 for taking drugs, and 48 people were arrested on 20 1 1 from 1 to1.

Beijing

The taxi driver crashed into 2/kloc-0 cars and was sentenced to 6 years' imprisonment.

3 1 year-old taxi driver Chen Mou drove to the main road of the West Fourth Ring Road and hit 2 1 vehicle continuously, causing 22 motor vehicles to be damaged, resulting in economic loss of152,000 yuan. Beijing Fengtai District People's Court made a first-instance judgment on this case. Chen Mou was sentenced to six years' imprisonment and fined 2000 yuan for endangering public safety by dangerous means.

What are the penalties for drug driving and drunk driving?

Driving a motor vehicle after drinking and taking drugs: According to the provisions of Article 133 of the Criminal Law, a traffic accident shall be punished with 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 commits the crime of dangerous driving shall be sentenced to criminal detention and fined in accordance with the provisions of Article 133 of the Criminal Law.

First, drunk driving and drug driving.

The eighth amendment to the Criminal Law added the crime of dangerous driving after the crime of causing traffic accidents. The crime of dangerous driving is a dangerous crime and does not need to cause actual harm. As long as the actor is drunk driving a motor vehicle on the road, it constitutes this crime. If dangerous driving behavior also constitutes a crime of causing traffic accidents or endangering public safety in a dangerous way, he shall be convicted and punished in accordance with the provisions of heavier punishment, and shall not be punished for several crimes.

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents

If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and in any of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs;

Article 133 of the Criminal Law stipulates that whoever causes a traffic accident 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 commits the crime of dangerous driving shall be sentenced to criminal detention and fined in accordance with the provisions of Article 133 of the Criminal Law.

Conviction and Punishment According to the provisions of heavier punishment, rather than the principle of combined punishment for several crimes, your classmate was suspected of traffic accidents and was sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Drinking:

Those who drink alcohol and drive a motor vehicle will be fined 1 1,000-2,000 yuan, with 12 points, and the driver's license will be suspended for 6 months; Those who drink, drive or operate a motor vehicle will be fined 5000 yuan, with 12 points, detained for 15 days, and will not get a driver's license for 5 years.

Drunk driving:

Anyone who drives a motor vehicle while drunk shall have his driver's license revoked, and shall not re-obtain his driver's license within five years. After the verdict, criminal detention and a fine; Drunk driving, operating a motor vehicle, the driver's license is revoked, and the driver's license shall not be re-obtained within 10 years, and the vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined.

Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.

Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained for not more than fifteen days, fined five thousand yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.

If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, 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 prohibit it from obtaining the motor vehicle driver's license again for life.

Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles.

In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard the safety of public and people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.

1, driving a motor vehicle with blood alcohol content above 80 mg/100 ml on the road is a drunk driving motor vehicle, and it is convicted and punished for dangerous driving according to the provisions of the first paragraph of Article 133 of the Criminal Law.

The relevant provisions of the Road Traffic Safety Law shall apply to roads and motor vehicles mentioned in the preceding paragraph.

2 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 133rd of the Criminal Law:

(a) causing a traffic accident, taking full or main responsibility for the accident, or causing a traffic accident to escape, which does not constitute other crimes;

(2) The alcohol content in blood reaches 200mg/65438 000 ml;

(3) Driving on expressways or urban expressways;

(4) driving a passenger motor vehicle;

(five) serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle number plates and other serious violations of road traffic safety laws;

(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;

(7) Being subject to administrative punishment or criminal investigation for driving a motor vehicle after drinking;

(eight) other circumstances that can be severely punished.

Poisonous driving and drunk driving have been suspected of dangerous driving, so the punishment for this dangerous driving behavior is carried out according to law with a heavier punishment attitude. If a driver causes a traffic accident because of this dangerous driving crime, he shall be punished according to the crime of traffic accident and sentenced to fixed-term imprisonment of not more than three years. Serious traffic accidents will be sentenced to life imprisonment or death.

Poisonous driving is more serious than drunk driving @20 19