Does the state explicitly stipulate that drunk driving is fully responsible?

Updated on society 2024-03-26
9 answers
  1. Anonymous users2024-02-07

    The state does not explicitly stipulate that drunk driving is fully responsible.

    Regulations on Procedures for Handling Road Traffic Accidents

    Article 46 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.

    1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

    3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

    If one party intentionally causes a road traffic accident, the other party is not liable.

    Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

    Road Traffic Safety Law of the People's Republic of China

    Article 91 Whoever 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.

    Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China

    Article 92 Where a party escapes after a traffic accident occurs, the party who escapes bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

    Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.

  2. Anonymous users2024-02-06

    Yes, there are clear provisions in the Road Traffic Law. I hope my answer can help you.

  3. Anonymous users2024-02-05

    If you drink and drive and others chase you, you are also fully responsible.

  4. Anonymous users2024-02-04

    Even if you hit yourself to death, you are fully responsible.

  5. Anonymous users2024-02-03

    You will know when you get your driver's license.

  6. Anonymous users2024-02-02

    That's just your imagination.

  7. Anonymous users2024-02-01

    Legal analysis: If one person dies and two people are seriously injured in the car due to drunk driving, the responsibility is mainly borne by the drunk driver, and if other people are partially responsible, they shall bear the corresponding responsibility. Drunk driving caused the death of three people in the car and the serious injury of two people, in addition to the civil liability for compensation, it is also necessary to bear criminal liability.

    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) Transporting hazardous chemicals in violation of the regulations 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.

    Table 1 Threshold of blood alcohol content of vehicle drivers.

    Driving behavior category thresholds.

    Driving behavior category threshold (mg 100ml).

    Drinking alcohol and driving 20, 80

    Driving while drunk 80

  8. Anonymous users2024-01-31

    In the event of a traffic accident after drunk driving, the drunk driver does not necessarily bear full responsibility for the accident. The traffic police department determines the responsibility for the accident based on the cause of the accident, not whether the driver was drunk driving. Specifically, after the police are called, the traffic police will determine the responsibility for the accident through on-site investigation.

    However, the drunk driver also bears the corresponding administrative penalties.

    Moreover, the provisions of the "Two Supreme People's Courts and One Section" on drunk driving consider whether the main or full responsibility for the accident caused by the extreme speed ** is considered as a circumstance for heavier punishment, which also shows that drunk driving is not necessarily fully responsible.

    Article 46 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the actions of the parties in the occurrence of road traffic accidents and the severity of the fault.

    1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

  9. Anonymous users2024-01-30

    Although drunk driving is illegal driving, drunk driving does not have to be fully responsible for traffic accidents. In the event of a traffic accident, the traffic police determine the responsibility of the parties according to the role of the party's behavior in the road traffic accident and the severity of the fault. Therefore, it is not necessary to be fully responsible for a traffic accident caused by a drunk driver, but to determine the responsibility according to the actual situation of all parties involved in the accident.

    Article 17 of the Measures for the Handling of Road Traffic Accidents stipulates that after ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party concerned for the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

    If a party has violated a violation, and there is a causal relationship between the violation and the traffic accident, it shall bear responsibility for the traffic accident. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

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