Can the drunk driving traffic police not file a case?
If drunk driving has not caused serious consequences, the case may not be filed, but the motor vehicle driver's license may not be re-obtained within ten years.
Be punished for drunk driving.
typical case
2011At 4 pm on May 5, the defendant Hou Guanghui, who was prosecuted by the People's Procuratorate of wugang city, Henan Province, was sentenced to four months' criminal detention and fined 2,000 yuan by the People's Court of wugang city. It is understood that this is the first sentence of "drunk driving" in China since the implementation of the Criminal Law Amendment (VIII) on May 1 1. According to the indictment of the procuratorate, the defendant Hou Guanghui, a villager from Group 5, Houying Village, Wugang City, Henan Province, was criminally detained by Wugang Public Security Bureau on May 4, 20 1 1. Defendant Hou Guanghui was driving the black Chery car of Yu DB 1365 at 20: 40 on May 1 day in Gangcheng section of wugang city City, Henan Province, and was recognized as drunk driving by the police on duty. The blood of the defendant Hou Guanghui was identified by the Traffic Accident Identification Institute of Pingdingshan Public Security Bureau, and the alcohol content in the blood reached 223.7 mg/100ml.
Relevant comrades of the Public Prosecution Bureau of the People's Procuratorate of Wugang City introduced that in order to crack down on illegal and criminal acts of drunk driving in a timely manner according to law, the procuratorial organs apply summary procedures to such cases. After the public prosecution accepted the case, the undertaker quickly consulted the case file, and it took three hours from marking, arraignment, making legal documents to filing a case in Wugang People's Court. On the afternoon of the 5th, the Wugang People's Court heard the case and made a judgment in court. The defendant said in court that he accepted the verdict and did not appeal.
In order to achieve better social effects, the public prosecutor of Wugang People's Procuratorate also gave legal education to the spectators, pointed out the dangers of drunk driving and warned them not to drink and drive.
Operate a vehicle
according to
Road transport operations include road passenger transport operations (hereinafter referred to as passenger transport operations) and road cargo transport operations (hereinafter referred to as freight transport operations); Road transport related businesses include station (field) operation, motor vehicle maintenance operation and motor vehicle driver training.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not obtain a motor vehicle driver's license again within five 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; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
Drunk driving traffic police can not file a case, but if some consequences are caused, they must file a case and basically take full responsibility. They may not be able to drive motor vehicles in the future. This is very important. If in doubt, please consult a lawyer.
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