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Drunk driving, running away after a sentence, will be wanted, when caught, when to go to jail.
Wanted refers to an investigative act in which a public security organ or people's procuratorate orders the arrest of a criminal suspect who should be arrested but is at large.
Procedural requirements: 1. Only the public security organs have the right to issue wanted notices, and no other organs, groups, units, organizations or individuals have the right to issue them. When the people's procuratorate needs to pursue a fugitive criminal suspect in a self-investigation case, upon approval of the chief procurator, after making a wanted decision, it shall notify the public security organs, and the public security organs shall issue a wanted warrant.
2. Public security organs at all levels are within the areas under their jurisdiction.
3. The wanted object must be a criminal suspect who should be arrested in accordance with the law and is at large, including a criminal suspect who has escaped during detention.
4. The wanted warrant shall indicate the wanted person's name, alias, former name, nickname, gender, age, ethnicity, place of origin, place of birth, place of household registration, place of residence, occupation, ID number, clothing and physical characteristics, and attach the wanted person**, and may attach fingerprints and other physical evidence**. Except for matters that must be kept confidential, the time, place, and brief facts of the case shall be clearly stated.
5. After the wanted warrant is issued, if new and important information is discovered, a notice may be reissued. The notification must indicate the number and date of the original warrant.
6. After the relevant public security organs receive the wanted warrant, they shall promptly arrange for an investigation. After a criminal suspect is caught, the organ issuing the wanted warrant shall be promptly notified, and after reporting to the responsible person at the public security organ at the county level or above for the place where the arrest was arrested, he shall be detained on the basis of the wanted warrant. The organ that issued the original wanted notice shall immediately conduct a verification and handle it in accordance with law.
7. Where the wanted person has already been brought into the case or died, or the reason for the wanted notice has disappeared and there is no need for a wanted warrant, the organ issuing the wanted warrant shall immediately notify the revocation of the wanted warrant within the scope of the original notice.
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Is there anything wrong with running away without waiting for the sentence?
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If more than one person is seriously injured, it constitutes the crime of traffic accident and needs to be investigated for criminal responsibility in accordance with the law, and can be sentenced to 3 years in prison. If a drunk driver escapes in a traffic accident, if no serious consequences are caused, it is sufficient to compensate the victim for his losses in accordance with the law, and he does not need to bear criminal responsibility. If you drive under the influence of alcohol, directly hit and kill a person, and have the act of escaping, you shall be sentenced to 3-7 years in prison for quietly disturbing the person.
If a person is drunk and flees after hitting a person to the point of serious injury, resulting in the death of the person concerned, he shall be sentenced to fixed-term imprisonment of not less than 7 years. If a person is drunk and driving, hits a person and seriously injures him, and dies after medical treatment, he shall be sentenced to a term of not more than 3 years or short-term detention. If more than one person is seriously injured, it constitutes the crime of causing a traffic accident, and it is necessary for Qidan to investigate criminal responsibility in accordance with the law, and can be sentenced to 3 years imprisonment.
Legal basis] Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal Analysis: Running away after being sentenced may constitute the crime of escape. Where convicts, defendants, or criminal suspects who have been detained in accordance with law escape, a sentence of up to five years imprisonment or short-term detention is to be given.
Whoever robs a convict, defendant, or criminal suspect on the way to escort is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are serious, a sentence of seven or more years imprisonment is to be given.
Legal basis: Article 316 of the Criminal Law of the People's Republic of China: Where a convict, defendant, or criminal suspect who has been detained in accordance with law escapes, he is to be sentenced to up to five years imprisonment or short-term detention. Whoever robs a convict, defendant, or criminal suspect on the way to escort is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are serious, a sentence of seven or more years imprisonment is to be given.
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Drunk driving cannot be driven without a verdict. Drivers who are drunk driving will generally be detained and have their motor vehicle driver's license revoked, and they are not allowed to drive a commercial motor vehicle until they re-obtain a motor vehicle driver's license.
What is the difference between drunk driving and drunk driving.
1. The relevant laws of our country clearly distinguish drunk driving into drunk driving and drunk driving. The two are defined according to the value of the driver's blood and breath alcohol content. When the driver's blood alcohol content is greater than or equal to 20mg per 100 ml, less than 80mg is considered drunk driving.
When the driver's blood alcohol content is greater than or equal to 80mg per 100 milliliters, it is judged to be drunk driving.
2. Drunk driving is an illegal act, while drunk driving is a crime. A person who is intoxicated commits a crime and is criminally responsible. 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 1,000 yuan and 12 demerit points.
The legal punishment for driving a commercial motor vehicle after drinking alcohol is more severe: a person who drives a commercial motor vehicle after drinking alcohol will have his motor vehicle driver's license revoked, be administratively detained for 15 days, and be fined 5,000 yuan, and shall not reapply for a motor vehicle driver's license for five years.
Legal basisArticle 91 of the Road Traffic Safety Law of the People's Republic of China.
Those who drive 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; Fool orange is not allowed to re-obtain a motor vehicle driver's license within 10 years, and after re-obtaining a motor vehicle driver's 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, the criminal responsibility shall be pursued in accordance with the 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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Legal Analysis: No. It is necessary to revoke the driver's license of a motor vehicle and investigate criminal responsibility in accordance with the law.
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 be subject to a six-month suspension of the driver's license for the motor vehicle 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 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 shall not re-obtain the motor vehicle driver's license within one year after being investigated for criminal responsibility in accordance with the law. 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 drunk shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within the year after the criminal liability shall be investigated in accordance with the law, and after the motor vehicle driver's license is re-obtained, the operating machine shall not be driven by the motor vehicle.
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Drunk driving is punishable. If the person is drunk and escapes, it is a drunk driving and escape, and should be punished heavily. Don't take chances, the public security organs will use all means to find you.
Where after a party is discovered, in order to avoid legal prosecution, he or she drinks alcohol again before a breath alcohol test or blood sample is taken, and his blood alcohol content meets the standard for driving a motor vehicle while intoxicated, a case shall be filed for investigation. Where a party meets the standard for driving a motor vehicle while intoxicated through a breath alcohol test, but escapes before a blood sample is taken, the case is to be opened for investigation on the basis of the breath alcohol content.
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 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.
Where a defendant driving a motor vehicle while intoxicated is to be fined, the amount of the fine appropriate to the principal punishment shall be determined on the basis of circumstances such as the defendant's degree of intoxication, whether it caused actual harm, and his attitude of admitting guilt and remorse.
1. Under what circumstances will drunk driving be subject to increased penalties?
1. Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping 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 have not yet constituted other crimes;
7. Those who have received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;
8. Other circumstances that may be given a heavier punishment.
According to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China". >>>More
After 5 years of drunk driving and revocation of driver's license, you can retake the driver's license, but you can't apply for a B2 driver's license. >>>More
Drunk driving is not a question of how many days of detention and how much yuan is fined, but how many months of imprisonment will be imposed by the court. >>>More
Drunk driving leads to the death of the co-driver, so is the person who drinks at the same table responsible? Drunk driving is mainly your own responsibility, knowing that you don't drink and don't drive, don't drink, and drink to drive, then all accidents should be borne by yourself, and the person who drinks at the same table with you is not responsible, and the person who drinks at the same table is responsible for the situation, for example, you are drinking with them, and then you die because of drinking too much, so the person at the table will be responsible for compensation, like you are in the current situation, the person at the table is not responsible.
Sue (lawsuit) the other party for compensation.