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According to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China".
Article 63 The following provisions shall be observed when a motor vehicle is temporarily parked on the road:
4) Before the vehicle is stopped, the door shall not be opened and the person shall not get on and off, and the door shall not be opened or closed to obstruct the passage of other vehicles and pedestrians;
His act of opening the door was the direct cause of the traffic accident and he broke the law.
Also according to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China".
Article 72: The following provisions shall be observed when driving bicycles, tricycles, electric bicycles, and motorized wheelchairs for the disabled on the road:
3) Do not drive while intoxicated;
Driving an electric bicycle while intoxicated is also an offense, and it can be sentenced to "dangerous driving", not "drunk driving".
Therefore, in principle, the driver of the car door should bear full responsibility for the accident.
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It must be the driver who is almost entirely responsible.
1. If the driver is a car parked on the side of the road, he has to be front and rear before opening the door, and he didn't look at it, and he is mainly responsible for this.
2. If the driver stops in the middle of the road (not on the side), he is fully responsible.
In traffic law, drivers belong to the dominant group, and non-motorized vehicles and pedestrians belong to the vulnerable group, and they are responsible for at least 10% of the responsibility even if it is not the fault of the driver.
To sum up: if you don't see clearly after drinking, you will only be responsible for a small part of the responsibility, or you will not be responsible (because someone else suddenly opened the car door).
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The motor vehicle is primarily responsible, and the accident of riding an electric vehicle after drinking is not directly related, but the fault should bear secondary responsibility. Electric vehicles are not motor vehicles, but riding under the influence of alcohol is dangerous, and safety is no trivial matter.
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Legal analysis: If the electric vehicle is an over-standard electric vehicle, it is very likely to be punished according to the drunk driving of the motor vehicle, sentenced to criminal detention, and fined. Drunk driving non-motor vehicles are still illegal, according to the relevant provisions of the "Technical Conditions for Motor Vehicle Operation Safety", some electric vehicles will be included in the management of motor vehicles as mopeds, which means that electric vehicles on the road must purchase insurance, complete licenses, drivers must be at least 18 years old and obtain a motorcycle driver's license, riding electric vehicles in violation of the law, will accept the same punishment as motorcycle violations.
Legal basis: Article 91 of the Road Traffic Safety Law Destroys the Gods and Destroys the Great People's Republic of China Whoever drives a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license and a fine of 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 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 cannot be re-obtained within 5 years.
Anyone who drives a 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 within 5 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; Within 10 years, you are not allowed to re-obtain a motor vehicle driver's license, and after re-obtaining a motor vehicle driver's license, you are not allowed to drive a commercial motor vehicle.
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.
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Legal Analysis: Driving an electric vehicle while intoxicated is illegal. According to the relevant regulations, a person who drives a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the motor vehicle driver's license and a fine of not less than 1,000 yuan but not more than 1,000 yuan for two portable shrines.
Those who are punished for driving a motor vehicle after drinking alcohol, and who drive a motor vehicle after drinking alcohol again to travel in a shopping mall, shall be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked. Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall not be re-obtained within five years.
Legal basis: Article 91 of the Regulations for the Implementation 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; Within 10 years, it is not allowed to re-obtain a motor vehicle driving license, and after re-obtaining a motor vehicle driving license, it is not allowed to drive a commercial motor vehicle.
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.
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How to punish drunk driving of electric vehicles needs to be determined according to different circumstances, as follows: 1. If it is identified as a non-motor vehicle, a fine of less than 50 yuan shall be imposed; 2. Those who are found to be compiling beams and moving cars shall be sentenced to criminal detention and fines, and their motor vehicle driver's licenses shall be revoked; 3. Pedestrians, passengers, and non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the penalty of a fine, he may detain his non-motorized vehicle."
1. How to punish drunk driving of electric vehicles.
1. How to punish drunk driving of electric vehicles needs to be determined according to different circumstances, as follows:
1) If it is identified as a non-motor vehicle, a fine of less than 50 yuan shall be imposed;
2) Where it is found to be a motor vehicle, it shall be subject to short-term detention and a fine, and the driver's license of the motor vehicle shall be revoked;
3. Pedestrians, passengers, and non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan; If a non-motorized vehicle driver refuses to accept a fine and punishment, he may be detained for non-motorized use."
2. Legal provisions: 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; Within five years, Oaks is not allowed to re-obtain a motor vehicle driver's license.
2. What is the penalty standard for drunk driving?
The penalty standards for drunk driving are as follows:
1. Revoke the motor vehicle driver's license and not re-obtain it within five years;
2. Driving a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until it sobers up, and the motor vehicle driver's license shall be revoked, and shall not be re-issued within ten years;
3. Drunk driving constitutes the crime of dangerous driving, and is sentenced to criminal detention and a fine.
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1. How to punish drunk driving of electric vehicles.
1. How to punish drunk driving of electric vehicles needs to be determined according to different circumstances, as follows:
1) If it is identified as a non-motor vehicle, a fine of less than 50 yuan shall be imposed;
2) Where it is found to be a motor vehicle, it shall be subject to short-term detention and a fine, and the driver's license of the motor vehicle shall be revoked;
3. Pedestrians, passengers, and non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the penalty of a fine, he may detain his non-motorized vehicle."
2. The law stipulates that 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.
2. What is the penalty standard for drunk driving?
The penalty standards for drunk driving are as follows:
1. Revoke the motor vehicle driver's license and not re-obtain it within five years;
2. Driving a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until it sobers up, and the motor vehicle driver's license shall be revoked, and shall not be re-issued within ten years;
3. Drunk driving constitutes the crime of dangerous driving, and is sentenced to criminal detention and a fine.
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1. If the technical indicators of the electric vehicle are motor vehicles, the person who drives the electric vehicle while drunk shall bear criminal responsibility.
2. If the electric vehicle driven does not meet the standards of motor vehicles, and the electric vehicle is drunk and does not cause other serious consequences, it may not bear criminal responsibility.
Legal basis: Article 119 of the Law of the People's Republic of China on Road Traffic Escort Safety The meaning of the following terms in this Law:
1) "Roads" refers to highways, urban roads, and places where social motorized vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots, and other places used for public passage.
2) "Vehicle" means motor vehicle and non-motor vehicle.
3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.
4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the top speed, empty mass, and external dimensions of the relevant national standards.
5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.
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