Is drunk driving a crime? What are your thoughts on drunk driving convictions?

In this case, it can only be considered illegal. There is no crime.

Legal Analysis: Drunk driving and criminal offenses are punishable by detention and fines.

Legal basis: "Criminal Law of the People's Republic of China" Article 133 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport vehicle, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated》 Article 2: In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

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 or 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 previously 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.

1.Yes, all drunk driving is a crime.

2.However, there are some situations that are not suitable for handling as crimes, such as moving a car in the community after drinking, if there is no accident and no damage to any person and property, it cannot be recognized as a crime.

3.Of course, if you can realize that you are still in a state of intoxication and drive a vehicle, you should be dealt with as a crime.

Drunk driving where the circumstances are minor or significantly minor cannot be found to be a criminal offense. Subjective aspects: attitudes toward the crime, motives for committing the crime, or perceptions of the act of drunk driving itself; Objective aspect:

In the spatio-temporal environment of drunk driving, if you return to Honghong to drive in the middle of the night or early morning when there are few people and few cars or remote road sections, the duration of drunk driving and the distance traveled are shorter.

[Legal basis].Article 133 of the Criminal Law.

Whoever violates the laws and regulations on the management of the chain of transportation, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to up to three years imprisonment 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.

First of all, the act of driving a motor vehicle while drunk is a serious traffic violation, and compared with driving after drinking, the punishment for drunk driving in China is much more severe, and the driver's license will be revoked, and at the same time, the re-examination will not be allowed within a certain number of years. So now in our country, is this drunk driving a crime? Most people don't know this point 1. Is drunk driving a crime The second paragraph of Article 133-1 of the Criminal Law (Dangerous Driving) added by the Criminal Law Amendment (VIII) clearly stipulates:

Where there is conduct in the preceding paragraph (chasing and racing with heinous circumstances or drunk driving), and at the same time constituting other crimes, it is to be convicted and punished in accordance with the provisions of the heavier punishment. "That is, if you are simply drunk driving, it only constitutes the crime of dangerous driving; If drunk driving constitutes a traffic accident offense, it shall be convicted and punished as a traffic accident offense with a heavier punishment. II. Sentencing of Drunk Driving Constituting a Crime 1. Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management laws and 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.

2. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances: (1) One person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident; (2) Where three or more people are killed, they bear equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more. 3. Where the victim's economic losses are actively compensated and forgiveness is obtained, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, the ability to compensate, and the degree of admission of guilt and remorse; Where compensation is actively made but no understanding is obtained, the base sentence may be reduced by up to 30%.

In real cases, defendants who have a good attitude in admitting guilt and actively compensate the deceased's family for economic losses are given lenient punishment or suspended sentences. China has already criminalized the act of driving a motor vehicle while intoxicated, and as long as there is such an act, it will be recognized as the crime of dangerous driving, and the perpetrator will naturally be investigated for criminal responsibility in accordance with the law. If a traffic accident occurs at this time, the penalty for the driver will be heavier.

If drunk driving is detected, depending on the alcohol content, between 80 and 120, most areas will not prosecute, but will be detained for 3 to 7 days, and a fine will be imposed, and the driver's license will be revoked at the same time, and the test cannot be retaken within five years.

In fact, the penalty for drunk driving should be increased. According to statistics, nearly 2 million cases of drunk driving and drunk driving are investigated and dealt with every year across the country, of which more than 300,000 cases of drunk driving constitute crimes, accounting for more than 20% of the total number of criminal cases in China. This means that the number of people who commit drunk driving crimes is about 300,000 every year.

Previously, some deputies proposed to abolish the criminalization of drunk driving and replace it with administrative measures such as administrative detention, fines, and revocation of driver's licenses. It is believed that some drunk driving has not caused serious consequences, and the punishment for criminalization is excessive.

According to Article 133 of the current Criminal Law, a person who drives a motor vehicle while intoxicated on the road shall be sentenced to criminal detention and a fine. where other crimes are constituted at the same time, follow the provisions for the heavier punishment at trial and sentencing.

If the blood alcohol content reaches or exceeds 80mg per 100ml, it is classified as drunk driving.

In addition, I think it is completely undesirable to abolish the criminalization of drunk driving, especially since there are still about 300,000 drivers every year who still take risks knowing that drunk driving has been criminalized.

Driving after being drunk, it can be seen that although drunk driving has been criminalized for more than ten years, there are still a large number of drivers who do not take it seriously, have a fluke mentality, and have an indifferent sense of law.

The harm of drunk driving is very serious, and once a traffic accident occurs, it often breaks up one or more families, and the harm is self-evident. There are countless cases of drunk driving, and allowing drunk driving will only lead to more traffic accidents and more innocent people will be harmed.

Summary: The crux of the problem today is not whether the punishment for drunk driving is too severe, but that there are still so many drivers in the country who are still indifferent to the legal awareness, ignoring the criminal law of drunk driving, and knowingly committing crimes.

If the number of drunk driving cases is greatly reduced, and drivers generally consciously comply with the law, they can consider abolishing the criminal law on drunk driving, and at present, not only should drunk driving not be abolished, but the punishment should be increased.