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Anonymous users2024-02-07Depending on the severity of the offense, some are only fined, while others are subject to detention, usually for 7 days and not more than 15 days. For those who drive a motor vehicle while intoxicated, the penalty of temporarily withholding the motor vehicle driver's license will be changed to revocation of the motor vehicle driver's license, and the motor vehicle driver's license shall not be re-obtained within 10 years.
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Anonymous users2024-02-061. Drunk driving plus driving a motor vehicle without a license, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years, and shall be sentenced to criminal detention and a fine after the judgment, and shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ.
2. Those who drink and drive a commercial motor vehicle without a license shall not re-obtain a driver's license within 10 years, and shall not drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.
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.
Article 91 of the Road Traffic Safety Law stipulates that a person 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.
Article 99 stipulates that driving without a license shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ.
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended.
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Anonymous users2024-02-05Legal Analysis: Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China 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, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Violating the provisions on the safety management of hazardous chemicals by transporting hazardous dust-making products, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) and (4) of the preceding paragraph, it shall be punished 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.
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Anonymous users2024-02-04The maximum duration of DUI detention for driving without a license is 15 days.
Administrative punishment for driving with a license: Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended for the first time is to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
Administrative penalties for drunk driving: when drunk driving does not cause the degree of drunk driving, driving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be demerited and the driver's license will be suspended for 6 months; Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years.
1. What is the difference between drunk driving and drunk driving?
1) The standards for designation are different.
According to the relevant regulations of the "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", the standard range for drunk driving is: 20mg of alcohol per 100ml of blood. Where:
1. The range standard for drinking and driving is that the amount of alcohol contained in each 100ml of blood is greater than or equal to 20mg and less than 80mg, that is, the amount of alcohol contained in every 100ml of blood is 20mg of alcohol and driving.
2. The standard for the range of drunk driving is that the amount of alcohol contained in every 100ml of blood is greater than or equal to 80mg.
2) The punishment standards for the two are different.
1. Drunk driving: 1) Drunk driving will have their driver's license revoked and they will be banned from driving for 5 years.
2) Revocation of driver's license for driving a motor vehicle while driving while intoxicated, 10-year ban from driving and criminal liability in accordance with the law; After obtaining a new driver's license, you are not allowed to drive a commercial motor vehicle.
2. Drunk driving: 1) If a major traffic accident occurs while drunk driving, criminal responsibility will be investigated in accordance with the law, and the driver's license will be revoked and the driver will be banned for life.
2) A fine of between 1,000 and 2,000 yuan for drunk driving will be imposed and the driver's license will be suspended for 6 months; He was detained for 10 days for drunk driving, fined 2,000 yuan, and had his driver's license revoked.
3) Drunk driving of motor vehicles, detention for 15 days, a fine of 5,000 yuan, suspension of driving and 5 years ban.
General driving without a license is detention of less than 15 days at most, and considering that the person concerned also has the circumstances of drunk driving, it must be punished heavily within the scope of public security punishment. With regard to driving without a license, driving without a license or while the license is revoked is an act of driving without a license.
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