The standard of drunk driving is that the alcohol content in the driver's blood is greater than or equal to 80mg- 100ml. If a motor vehicle driver is drunk driving, his motor vehicle driver's license shall be revoked and he shall not apply for a motor vehicle driver's license again within five years.
The crime of drunk driving suspected of dangerous driving is generally punishable by criminal detention, as follows:
1. If the perpetrator has committed the crime of dangerous driving, he will generally be detained and fined.
2. Whoever causes serious injury, death or heavy property losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
3. Whoever escapes after an accident due to dangerous driving shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
4, dangerous driving caused by escape and death, more than seven years in prison.
Drunk driving is suspected of dangerous driving, and the maximum sentence is 6 months of criminal detention. However, drunk driving leads to other harmful consequences, infringes on the interests of unspecified groups, and is suspected of endangering public safety in a dangerous way, with the maximum penalty of death.
Driving a motor vehicle after drinking, simply called drunk driving, is a very dangerous behavior. Once a traffic accident happens, the loss will be huge. China's criminal law stipulates the behavior of drunk driving as a crime, and it is also to prevent people from doing this behavior through punishment. So how long is the sentence for drunk driving? Please read the following to find out the answer.
1. How long is the sentence for drunk driving?
Drunk driving is suspected of dangerous driving, and the maximum sentence is 6 months of criminal detention. However, drunk driving leads to other harmful consequences, infringes on the interests of unspecified groups, and is suspected of endangering public safety in a dangerous way, with the maximum penalty of death.
Second, related penalties for drunk driving
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. 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 driving license and shall not re-obtain the motor vehicle driving license for life.
The Road Traffic Safety Law and the Criminal Law have clearly separated the punishment of drunk driving from that of drunk driving. When the alcohol content in the blood reaches 20 to 80 mg, it is drinking and driving. More than 80 mg is drunk driving. This is the standard of administrative punishment and criminal punishment. Drunk driving can also be sentenced to one to six months of criminal detention according to the seriousness of the case.
The Criminal Law Amendment (VIII) describes the crime of dangerous driving in great detail. Regardless of whether the behavior of the parties has caused social consequences, "criminal detention and fine" is the minimum penalty for drunk driving, which is determined by the nature of the crime of dangerous driving. Because "dangerous driving crime" is not a consequential crime, but a behavioral crime and a dangerous crime, it should not be convicted and sentenced by killing and injuring several people and how much property losses it brings to society and others, but by the act of drunk driving itself.
As long as the perpetrator is drunk driving a motor vehicle on the road, no matter whether it causes damage or not, he will be convicted and sentenced. At this time, it will be punished according to the crime of dangerous driving, and the perpetrator can be sentenced to a maximum of six months of criminal detention. However, if drunk driving causes other consequences, it may be suspected of traffic accidents and even endanger public safety. The perpetrator may be sentenced to death at the highest.
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Legal basis:
Article 42 of the Criminal Law of People's Republic of China (PRC)
The term of criminal detention is from one month to six months.
Article 133- 1
Crime of Dangerous Driving 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.