Cases of exemption from criminal punishment for drunk driving

Legal analysis: According to the "Guiding Opinions on the Sentencing of Joint Crimes (II)" issued by the Supreme Court, if the circumstances are obviously minor and the harm is not great, they will not be convicted and punished; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. Therefore, drunk driving can apply the proviso of Article 13 of the Criminal Law or be exempted from punishment after conviction. However, if the defendant is not convicted and punished or exempted from criminal punishment, the factors such as the defendant's drunkenness, the type of motor vehicle, the driving road, the speed, whether it has caused actual damage, whether it has pleaded guilty and repented, etc. must be comprehensively considered. The defendant in this case has a high blood alcohol content, which does not belong to six common situations with minor circumstances, such as "moving parking space", "treating patients", "sleeping and resting", "drunk driving every once in a while", "not driving out yet" and "drunk driving rear-end collision".

Legal basis: Article 133-1 of the Criminal Law of People's Republic of China (PRC), whoever 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.

Threshold and test of blood and respiratory alcohol content of vehicle drivers 4. 1 alcohol content threshold.

See table 1 for the threshold of alcohol content in blood of vehicle drivers after drinking or driving after drinking.

Table 1 threshold of blood alcohol content of automobile drivers

Driving behavior category threshold

Threshold of driving behavior category (mg/ 100mL)

Drunk driving ≥20, < 80

Drunk driving ≥80