How to judge drunk driving in foreigners? Is it the same as the Chinese

Article 6 of the Criminal Law stipulates: "This Law shall apply to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law." This Law shall also apply to any person who commits a crime on board a ship or aircraft of the People's Republic of China.

Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China. Paragraph 2 of Article 16 of China's Criminal Procedure Law stipulates: "Where a foreigner who enjoys diplomatic privileges and immunities commits a crime that should be investigated for criminal responsibility, it shall be resolved through diplomatic channels."

In other words, we are a country governed by the rule of law, and Chinese laws must be applied to the handling of crimes committed by foreigners in China.

Of course, there is one exception, that is, if a foreigner who enjoys diplomatic privileges and immunities commits a crime that should be investigated for criminal responsibility, it should be resolved through diplomatic channels.

Legal analysis: The penalties for drunk driving in China are as follows: 1. If a foreigner drives a motorized car after drinking, his motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan; 2. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked; 3. 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 investigate 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.

Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China 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 traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not re-obtain the motor vehicle driving license for life.

Legal analysis: foreign status in China is also illegal in China also need to be punished, foreigners in China drunk driving will also be punished according to the law, half of the punishment for drunk driving is to revoke the driver's license and fine, if drunk driving caused a serious traffic accident to investigate criminal responsibility.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department shall restrain him until he sobers up, revoke the motor vehicle driving license, and shall not re-obtain the motor vehicle driver's license within the year after pursuing criminal responsibility in accordance with the law.

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

If a person drives a commercial motor vehicle while intoxicated, he shall be restrained by the traffic management department until he sobers up, and the motor vehicle driver's license shall be revoked, and the criminal responsibility shall not be re-obtained within 0 years, and the motor vehicle driver's license shall not be driven after re-obtaining the motor vehicle driver's license.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.

Legal Analysis: In the United States, anyone who has more than enough alcohol in his blood will be considered drunk and driving. First-time offenders are subject to a one-year suspension of their driver's license, a fine of $250,400, and six months in prison.

If caught a second time, the fine will be doubled, the driver's license will be suspended for two years, and the jail time will be one year.

In France, once it is confirmed that you are drunk driving, your driver's license is immediately revoked, even if it does not cause any harm.

In the UK, even a first-time offense and no specific injuries are subject to a one-year suspension of a driver's license; If you repeat it, you will have your licence suspended for 3 years plus a fine of £1,000; If there are 3 drunk driving occurrences in 10 years, the driver's license will be revoked for 109 years, which means that you will not have a chance to drive in your life.

In Germany, drunk drivers are prosecuted, have their driver's license suspended for at least nine months, and are sentenced to up to one year in prison and a fine, regardless of whether they have caused harm to others. If the circumstances are serious, they will be banned from driving for life, and the German driver's license is the same as the driver's license of other EU countries, as long as you are banned from driving for life in Germany, it means that you can no longer drive in the whole of Europe.

In Japan, the punishment after drunk driving can implicate many people, because in addition to the drunk driver who is undoubtedly punished, including the person who provides the vehicle to the drunk driver, the person who provides alcohol or advises the driver who is about to drive, and even you sit on the drunk driver, all of them will be punished.

Legal basis: Criminal Law of the People's Republic of China Article 133-1 Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, the circumstances are heinous (2) driving a motor vehicle while intoxicated (3) engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed (4) transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.

The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1. Jane Raid.

Table 1 Threshold of blood alcohol content of vehicle drivers.

Driving behavior category thresholds.

Driving behavior category threshold (mg 100ml).

Driving after drinking alcohol 20,0

Driving while drunk 80