Do public servants have to be dismissed from public office for drunk driving

Dismissal from public office refers to dismissal from official positions in state organs, public enterprises, or public institutions.

Depending on the specific punishment and the position, sometimes drunk drivers may not be prosecuted or exempted from criminal punishment, and they are generally not dismissed from public office. If they are sentenced to criminal detention, they should also be dismissed from public office on the basis of their status, such as drunk driving, they are generally sentenced to short-term detention, and if they are not appointed by administrative organs or have public management functions, they are sentenced to short-term detention, regardless of whether they are given a suspended sentence, they are to be given a sanction of demotion or removal from their post or above, and they may not be dismissed. However, if a person appointed by an administrative organ or a public institution with public administration functions, a civil servant, or a person participating in public administration is sentenced to short-term detention and a suspended sentence, he or she must be dismissed from public office.

Legal basis: Article 91 of the Road Traffic Safety Law, anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

A police officer who drives drunk can be dismissed from public office. A police officer who violates the following five articles will be dismissed from public office.

The Ministry of Public Security of the People's Republic of China prohibits: it is strictly forbidden to drive a motor vehicle under the influence of alcohol, and offenders will be dismissed; where serious consequences are caused, they are to be dismissed.

It is strictly forbidden to drink alcohol during working hours, and offenders will be disciplined; where serious consequences are caused, they are to be dismissed or expelled.

Hello, civil servants who drive drunk will be dismissed from public office. First of all, civil servants, as state public employees, not only need to comply with the general laws and regulations of the state, such as the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, but also need to specifically bind the relevant legal provisions and systems for civil servants, such as:

According to the Regulations on the Punishment of Civil Servants in Administrative Organs and the Civil Servants Law of the People's Republic of China, civil servants will be dismissed from public office as long as they are punished with criminal penalties. Secondly, drunk driving has been criminalized as early as 2011, drunk driving refers to the driver's blood alcohol content greater than or equal to 80mg 100ml, as long as drunk driving a motor vehicle, has constituted the criminal law of "dangerous driving", dangerous driving crime is an act, as long as the act of dangerous driving is carried out, and there is no requirement to have harmful results, if drunk driving and caused serious consequences such as serious injury and death, then the crime of dangerous driving may be converted into the crime of traffic accidents, Because the crime of causing a traffic accident is a consequential crime, it must reach the level of "serious consequences" as described in the criminal law. Therefore, a civil servant who drives a motor vehicle while intoxicated will be guilty of dangerous driving under the Penal Code, and a civil servant who will be dismissed if he is punished.

Legal basis] Article 17 of the Regulations on the Sanctions of Civil Servants of Administrative Organs: Where civil servants of administrative organs who violate the law and discipline have already been sentenced, recalled, or removed from office or have resigned from a leadership position in accordance with law before the administrative organ makes a sanction decision against them, and shall be given a sanction in accordance with law, the administrative organ is to give sanctions on the basis of the facts of their violation of law or discipline. Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Article 133 of the Criminal Law of the People's Republic of China The crime of dangerous driving refers to driving a motor vehicle on a road to chase and race, and the circumstances are heinous; driving a motor vehicle while intoxicated; Engaging in school bus business or passenger transportation, seriously exceeding the quota of passengers or driving at a speed limit; Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Drunk driving refers to the act of driving a motor vehicle in a state of complete or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 millilitres is considered drunk driving. A vehicle driver with a blood alcohol content greater than or equal to 80mg or 100ml is a drunk driver.

As long as they are not sentenced to fixed-term imprisonment or higher and are appointed by administrative organs, and are sentenced to criminal punishment in accordance with the law, they will not be dismissed from public office. Article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions" Where staff of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or above. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion.

The sanction of expulsion shall be given. Anyone who drives a motor vehicle on the road with a blood alcohol content of 80 milligrams or more is 100 milliliters or more is considered to be driving a motorized vehicle while intoxicated, and shall be convicted and punished for the crime of dangerous driving in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law, and shall be sentenced to criminal detention and a fine.

Article 39 of the Labor Contract Law.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1. Do civil servants who are drunk driving have to be dismissed from public office? Drunk driving can lead to dismissal, but not necessarily dismissal. Drunk driving may not be prosecuted or exempt from criminal penalties, and generally not dismissed from public office.

If they are sentenced to short-term detention, they should also be dismissed from public office on a case-by-case basis and on the basis of their status, such as drunk driving, and if they are sentenced to short-term detention for personnel of public institutions who are not appointed by administrative organs and who do not have public management functions, they will be given a sanction of demotion or removal from their posts, and they may not be dismissed, but if they are appointed by administrative organs and have public management functions, civil servants, and personnel participating in public administration and management institutions are sentenced to short-term detention and suspended sentences, they must be dismissed from public office. 2. What is the penalty standard for drunk driving? 1. Driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.

2. Driving a motor vehicle while intoxicated in any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law: (1) Causing a traffic accident and taking full or primary responsibility for the accident, or fleeing after causing a traffic accident, but not constituting another crime; (2) Blood alcohol content of 200 mg or more than 100 ml; (3) Driving on highways and urban expressways; (4) Driving a commercial motor vehicle carrying passengers; (5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates; (6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that do not constitute other crimes; (7) Those who have been subject to administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol. 3. How much is the fine for drunk driving?

Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol, and who drive a motor vehicle after drinking alcohol again, shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked. To sum up, civil servants who drive drunk not only violate the regulations on the management of civil servants, but also violate the criminal law.

As a former, the employer will punish the civil servant, but it is not necessary to dismiss him. If the case of drunk driving is minor and the procuratorate is exempted from prosecution, the unit may demote the civil servant, give a warning, have a demerit, etc. However, if you are sentenced for drunk driving, it is more serious and you may be dismissed from public office.

A police officer who drives drunk can be dismissed from public office. A police officer who violates the following five articles will be dismissed from public office. Collapse.

The Ministry of Public Security of the People's Republic of China prohibits: It is strictly forbidden to drive a motor vehicle under the influence of alcohol, and offenders will be dismissed with information; where serious consequences are caused, they are to be dismissed.

It is strictly forbidden to drink alcohol during the Gongxiang Hidden Circle time, and offenders will be disciplined; where serious consequences are caused, they are to be dismissed or expelled.