Is smoking a distraction?

Smoking while driving belongs to distracted driving. According to the relevant laws and regulations, driving a motor vehicle is not allowed to answer mobile phones, watch TV and other behaviors that hinder safe driving, otherwise it will be fined and scored 2 points. Although there is no legal provision for smoking while driving, it is still an obstacle to safe driving.

The main contents of distracted driving include:

1, call back information while driving;

2. Talk to people in the car;

When the driver is driving, there are photos, videos or live broadcasts.

What are the constitutive elements of the crime of obstructing safe driving?

1, object elements, the object of the crime of obstructing safe driving is public safety, that is, the life and health of unspecified majority, the safety of major public and private property and the safety of public production and life;

2. Main elements: most of the subjects of the crime of obstructing safe driving are general subjects. Anyone who has reached the age of criminal responsibility and has criminal responsibility ability can become the subject of the crime of obstructing safe driving, mainly passengers;

3. Objective elements: the behavior of the actor interferes with the normal running of public transport and endangers the safety of public transport;

4. Subjective elements, the crime of obstructing safe driving is subjectively manifested as criminal intention, including direct intention and indirect intention.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 62 of the Regulations of the People's Republic of China on the Implementation of the Road Traffic Safety Law

Driving a motor vehicle shall not have the following acts:

(1) Driving when the doors and carriages are not closed;

(two) hanging or placing objects that hinder the driver's sight in the front and rear windows of the motor vehicle cab;

(3) Making and answering hand-held telephones, watching TV and other acts that hinder safe driving;

(4) Turn off the engine or slide in neutral when descending a steep slope;

(five) throwing objects on the road;

(6) The motorcyclist leaves the handlebar or hangs articles on the handlebar;

(seven) driving a motor vehicle for more than 4 hours without stopping or parking for less than 20 minutes;

(eight) honking in areas or sections where honking is prohibited.