First, is drunk driving better in the detention center?
Because the sentence is still in the detention center, the sentence is roughly within one year, and the detention center will not embarrass him, but only reform, simple labor, and manage prisoners according to law;
There are rules for family members to meet once a month. You should bring the relevant documents, contact in advance, and it is best to consult the local detention center.
If it is a short-term detention, it means sitting up straight every day, and the amount of labor is not much, because the detention center has a large flow of people and is not fixed. People come out and go in every day, which is short-term, unlike prison. The food is boiled vegetables, steamed bread or rice, whether full or not. There is a time limit for eating. If you can't finish eating, you will be hungry. You have to eat quickly. Leave a person to sleep every day, take turns on duty, and snorers have to wake you up. Going to the bathroom is in the number, and everyone can see it. Everyone has an account, and family members save money to buy things, that is, mustard tuber and instant noodles, not just buy them if they want. Obviously, what you buy may not reach you. There is a foreman in each number, who is in charge of these people and doesn't have to work. That's about it.
Drunk driving constitutes a crime of dangerous driving, which is not only a matter of simple detention for a few days, but also criminal responsibility. Before being sentenced by the court again, criminal detention is only a compulsory measure: drunk driving generally does not belong to hooligans or gangs, so the longest period of criminal detention by public security organs is 7 days; The public security organ requested the procuratorate to approve the arrest, and the procuratorate reviewed it for 7 days; After the arrest is approved, he will be held in the detention center until the court decides.
Article 133 of the Criminal Law: Whoever commits a traffic accident in violation of traffic laws and regulations, resulting in a major accident, causing serious injury, death or heavy losses to public or private property, 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 escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
According to the relevant judicial interpretation, if one of the following circumstances is met, it can be identified as a traffic accident crime:
1 causes 1 death or serious injury to more than 3 people, and bears all or major responsibility for the accident;
2. More than 3 people are killed and bear the same responsibility for the accident;
(3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident and being unable to pay compensation of more than 300,000 yuan. Note that the amount above 300,000 yuan here does not refer to the amount of property losses caused by the accident itself, but refers to the amount that the actor is unable to compensate. According to this standard, the direct loss of property is less than 300,000 yuan, or the loss is far more than 300,000 yuan but less than 300,000 yuan after compensation, which does not constitute this crime;
4. A traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances:
(1) driving a motor vehicle after drinking or taking drugs;
(2) driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving while knowing that it is an unlicensed or scrapped motor vehicle;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
According to article 133 of the Criminal Law, those who commit traffic accidents 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 escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
The above other particularly bad circumstances refer to any of the following circumstances:
(1) If two or more people are killed or five or more people are seriously injured, they shall be fully or mainly responsible;
(2) more than 6 people were killed and were equally responsible for the accident;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 600,000 yuan.
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 5 years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained on June 5438+05, fined 5000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license within 5 years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; /kloc-Never obtain a motor vehicle driver's license again within 0/0 years, and never drive or operate a motor vehicle after obtaining a motor vehicle driver's license again.
Driving a motor vehicle after drinking or drunk, causing a major traffic accident, may not re-obtain a motor vehicle driver's license for life.
Two, the public security organs to cancel the case of drunk driving.
When the public security organ thinks that the decision not to prosecute the case transferred by the public security organ is wrong, it may request reconsideration. If the opinion is not adopted, it may be submitted to the people's procuratorate at the next higher level for review. The review decision shall prevail.
If the accused is in custody, he shall be released immediately.
Cite the law
Article 178 of the Criminal Procedure Law stipulates that the decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and his unit. If the accused is in custody, he shall be released immediately.
Article 179 If a people's procuratorate decides not to prosecute a case transferred by a public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.
The driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20MG/ 100ML and less than 80MG/ 100ML is drinking driving; The driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 80MG/ 100ML belongs to drunk driving. The traffic police can use breath alcohol tester to detect the drivers who are suspected of drunk driving. The inspected person signs the inspection result. If the inspected refuses to sign, the two traffic police records will be valid. If the driver of the vehicle refuses to carry out the breath alcohol content test, or denies the breath alcohol test result on the spot, or the breath alcohol tester tests more than the critical value of drunkenness, and the driver of the vehicle has a traffic accident after drinking, the traffic management department at or above the county level or the nearest medical institution shall take the venous blood of the party concerned for the alcohol content test.
Those who are suspected of causing traffic accidents, causing two deaths, and bear all or the main responsibility for the accident, if the circumstances are particularly bad, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases.
Article 4. If a traffic accident occurs under any of the following circumstances, it shall be deemed as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan.
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 harmful results. 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 explanation on some 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 has one 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 those who commit traffic accidents 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.
Convicted and punished in accordance with the provisions of heavier punishment, and the principle of combined punishment for several crimes is not implemented. Your classmate is suspected of causing traffic accidents and is sentenced to fixed-term imprisonment of not more than three years or criminal detention.
How about drinking and driving in the detention center? The circumstances caused by this kind of behavior are not very serious, and generally no heavy or long sentence is given. In the detention center, the behavior of the perpetrator is not very serious, and the sentence is less than one year. Therefore, there is generally no embarrassing behavior in the detention center, just some labor reform, and relatives can visit.