1. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; within five years; A motor vehicle driving license may not be re-obtained.
2. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within ten years. After obtaining a motor vehicle driving license, you are not allowed to drive a commercial motor vehicle to engage in business activities.
3. If someone drinks or drives a motor vehicle drunk and causes a major traffic accident, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, and his motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and he shall not be able to obtain a new motor vehicle driving license for life. .
The Procuratorate’s handling of drunk driving and moving vehicles is as follows:
1. Administrative penalties: blowing alcohol over 80% is considered drunk driving, with 12 points deducted, a fine of about 2,000, and a driving ban for five years. If the blood alcohol content exceeds 80 and the blood alcohol content exceeds 80, drunk driving will be suspected of dangerous driving and will be punished as dangerous driving. . Zou’s behavior has constituted the crime of dangerous driving, his behavior has constituted the crime of driving a motor vehicle after drinking alcohol, Zou’s behavior has constituted the crime of drunk driving, and Zou’s behavior has constituted the crime of dangerous driving.
Drunk driving is an illegal act that seriously endangers personal safety. Once investigated and punished, the consequences will be disastrous.
Drunk driving refers to driving behavior in which the driver’s blood alcohol content is greater than or equal to 80mg/100mL. Drunk driving is generally divided into drunk driving and drunk driving.
Criminal Law Penalties and Related Judicial Interpretations
1. Article 133-1 of the Criminal Law stipulates that anyone who drives a motor vehicle drunk on the road shall be sentenced to criminal detention and shall also be fined .
2. Anyone who drives a motor vehicle while drunk under any of the following circumstances shall be severely punished in accordance with the provisions of Article 133-1, Paragraph 1, of the Criminal Law:
(1) Causing a traffic accident, taking full or major responsibility for the accident, or escaping after causing a traffic accident, which has not constituted other crimes;
(2) The alcohol content in the blood reaches 200 mg/100 ml or more;
(3) The alcohol content in the blood reaches 200 mg/100 ml or more;
(3) Driving on a highway or urban expressway;
(4) Driving a commercial passenger motor vehicle;
(5) Seriously overcrowding, overloading, speeding, driving a motor vehicle without a driving qualification, using forged or altered motor vehicle license plates and other serious violations Acts stipulated in the "Road Traffic Safety Law";
(6) Evading the lawful inspection by the public security organs, or refusing or obstructing the public security organs' lawful inspection has not constituted other crimes;
(7) Ever Anyone who has been subject to administrative penalties or criminal prosecution for driving a motor vehicle under the influence of alcohol;
(8) Other circumstances that may result in severe punishment.
3. Anyone who drives a motor vehicle while intoxicated and uses violence or threats to obstruct the public security organs from performing their duties in accordance with the law, and which simultaneously constitutes other crimes such as obstructing official business, shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.
4. If a defendant who drives a motor vehicle while intoxicated is sentenced to a fine, the amount of the fine that is commensurate with the main punishment shall be determined based on the defendant's degree of intoxication, whether actual damage was caused, his confession and repentance, etc.
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Legal basis:
Article 133 of the "Criminal Law of the People's Republic of China"
Dangerous driving of a motor vehicle on the road Anyone who commits the crime of driving under any of the following circumstances shall be sentenced to criminal detention and fined:
(1) Pursuing and racing, the circumstances are serious;
(2) Driving a motor vehicle while drunk ;
(3) Engaging in the school bus business or passenger transportation, seriously exceeding the rated number of passengers, or driving seriously exceeding the prescribed speed;
(4) Violating the safety management regulations of hazardous chemicals Transporting hazardous chemicals endangers public health.
If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
Those who commit the acts in the preceding two paragraphs and constitute other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier penalties.
Article 134
Using violence against the driver of a moving public vehicle or vehicle or snatching the driving control device and interfering with the public vehicle * Anyone who endangers the safety of public transportation or transportation during the normal operation of a vehicle shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or surveillance, and shall also or solely be fined.
If a driver stipulated in the preceding paragraph leaves a moving public vehicle without authorization, fights or assaults others, thereby endangering the safety of the public vehicle, he shall be punished in accordance with the provisions of the preceding paragraph.
Those who commit the acts in the preceding two paragraphs and constitute other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier penalties.