1. drunk driving: driving a motor vehicle after drinking will be fined1000-2,000 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.
2. Drunk driving: drunk driving a motor vehicle, revoking the driver's license, failing to re-obtain the driver's license within 5 years, being sentenced to criminal detention and fined; 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.
2. Do you have to be sentenced for drunk driving?
Article 133 of the Criminal Law: Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
Chasing racing, and the circumstances are bad;
(two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passenger capacity, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering 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 shall be convicted and punished in accordance with the provisions of heavier punishment.
According to the relevant provisions of China's criminal law, drunk driving a motor vehicle on the road constitutes a dangerous driving crime. At this time, the driver's blood alcohol content is greater than or equal to 80mg/ 100ml, which belongs to drunk driving.
Therefore, as long as the alcohol content in the driver's body is greater than or equal to 80mg/ 100ml and he is driving on the road, he can be sentenced according to law.
Third, how to punish drunk driving?
(1) road traffic safety punishment law
According to the newly revised Road Traffic Safety Law:
1, drunk driving a motor vehicle, the traffic administrative department of the public security organ shall sober up, revoke the motor vehicle driver's license, and be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
2. Whoever drives or operates a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ to sober up, and his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be re-obtained within ten years, and no motor vehicle shall be driven or operated after re-obtaining the motor vehicle driver's license.
3. If a serious traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not obtain the motor vehicle driver's license again for life.
(2) Penalty in criminal law and related judicial interpretation.
1. Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle drunk on the road shall be detained and fined.
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) Blood alcohol content exceeds 200mg/100ml;
(3) Driving on expressways and urban expressways;
(4) driving a passenger motor vehicle;
(5) Serious violations of road traffic safety laws such as overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle number plates. ;
(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.
3. Drunk driving a motor vehicle, obstructing the public security organ from inspection according to law by violence or threats, which constitutes other crimes such as obstruction of official duties, shall be punished in accordance with the provisions of combined punishment for several crimes.
4. When imposing a fine on a defendant who is drunk driving a motor vehicle, the amount of the fine appropriate to the principal punishment shall be determined according to factors such as the defendant's drunkenness, whether it has caused actual damage, and his attitude of pleading guilty and repenting.
5. To handle criminal cases of drunk driving motor vehicles, we should strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and promptly investigate, prosecute and try them within the statutory time limit.
Whether it is drunk driving or drunk driving, it is extremely dangerous to the life, health and property of others. Drunk driving is arrested, driver's license is revoked, and driver's license will not be re-tested within 5 years. You need to pay a corresponding fine and a certain amount of criminal detention to be released, so don't drink and drive.
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