How long will 2017 drunk driving 158 be sentenced, how long will it be sentenced, do you know? Thank

A person with a blood alcohol content of 158 milligrams and 100 milliliters is suspected of dangerous driving and shall be sentenced to two months and nine days' detention in accordance with article 133-1 of the Criminal Code.

Those suspected of the crime of dangerous driving shall be sentenced to 1-6 months of criminal detention in accordance with the provisions of Article 133 of the Criminal Law, and the specific sentence shall be determined according to the content of blood intoxication and a fine. In general, when the alcohol content reaches 80 mg and 100 ml, one month of detention is imposed for each additional 60 mg and 100 ml, and one day for each additional 2 mg and 100 ml, and so on.

Legal basis: Article 133-1 of the Criminal Law [Crime of Dangerous Driving] 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.

Drunk driving, blood alcohol content of 157 mg 100 ml, will be sentenced to 2-3 months of detention.

If there are no aggravating circumstances such as driving without a license, drunk driving record, etc., a suspended sentence may be given.

The second paragraph of Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.

Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated" II. 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;

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;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

Blood alcohol content of 157 mg 100 ml, suspected of dangerous driving in addition to the criminal law of about two months. If you don't have a driver's license, you will have a drunk driving record and other aggravating circumstances. There is no specific sentencing standard for those suspected of dangerous driving due to drunk driving, and the sentencing cases of the basic level courts in various regions are comprehensive.

If a drunk driver does not cause a traffic accident, he may be sentenced to 6 months of criminal detention, a fine of up to 5,000 yuan, a cancellation of the driver's license, and a failure to retake the test within 5 years.

How does the Feidong County Court sentence drunk driving 157 degrees Feidong County Court sentences drunk driving 157 degrees If a drunk driver does not cause a traffic accident, he can be sentenced to 6 months of criminal detention, a fine of up to 5,000 yuan, a cancellation of the driver's license, and no retake within 5 years.

If driving a car while drunk is more serious, it is generally at least more than half a year, so we must pay attention to drinking, and never drive a car that endangers others and ourselves.

Drunk driving, blood alcohol content of 158 mg 100 ml, will be sentenced to about 2 months of detention by the court, and a fine of thousands of yuan.

If there are no aggravating circumstances such as causing a traffic accident or not having a drunk driving record, a suspended sentence can be imposed on the link.

The second paragraph of Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a fine.

Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated":

1. Driving a motor vehicle on a road where the blood alcohol content reaches 80 mg or more is 100 ml or more, is to be drunk driving a motor vehicle, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Criminal Law article 133-1.

The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.

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. What are the conditions for drunk driving to be released on bail pending trial?

Public security organs may release criminal suspects on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no danger to society;

3) The criminal suspect who should be arrested suffers from a serious illness, or is a woman who is pregnant or breastfeeding a child who is not yet one year old;

4) Where the evidence does not meet the requirements for arrest of a criminal suspect in custody;

5) After an arrest is submitted, the procuratorate does not approve the arrest and needs to be reconsidered or reviewed;

6) Cases in which the criminal suspect is in custody cannot be completed within the legally-prescribed time period, and it is necessary to continue the investigation;

7) After transferring for prosecution, the procuratorate decides not to prosecute, and it is necessary to reconsider or review.

Those who have been suspected of dangerous driving in accordance with regulations, but the circumstances are relatively minor, may be exempted from criminal punishment or be given a suspended sentence

Supreme People's Court.

Sentencing Guiding Opinions on Common Crimes (2) (Provisional).

These Guiding Opinions are drafted on the basis of relevant provisions such as the Criminal Law and Criminal Justice Interpretations, and in conjunction with criminal trial practice, so as to further advance the reform of standardized sentencing, and to further expand the scope of standardized sentencing.

1. Sentencing for eight common crimes.

1) Dangerous driving.

1.Where the crime of dangerous driving is constituted, the starting sentence may be determined within the range of 1 month to 2 months of short-term detention.

2.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of dangerous driving conduct and other facts of the crime that impact the establishment of the crime.

3.For defendants driving a motor vehicle while intoxicated, circumstances such as the defendant's degree of intoxication, the type of motor vehicle, the road on which the vehicle is traveling, the speed at which the vehicle is traveling, whether actual harm was caused, and admission of guilt and remorse shall be comprehensively considered, and the verdict and sentencing shall be accurately determined. where the circumstances are obviously minor and the harm is not great, they are not to be convicted and punished; Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived.

Summary. Hello dear, the alcohol concentration of 219 should belong to the situation of driving a motor vehicle while intoxicated, and under normal circumstances, you may be sentenced to criminal detention or fixed-term imprisonment. According to article 132 of the Criminal Law of the People's Republic of China, a person who drives a motor vehicle while intoxicated shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

If a major traffic accident occurs while driving under the influence of alcohol, and the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

I'm drunk driving, 219, how long will I be sentenced?

Drunk driving 219, is there any way not to detain.

Dear, hello, the alcohol concentration of 219 should belong to the situation of driving a motor vehicle while drunk, and under normal circumstances, Han Jingla may be sentenced to criminal detention or fixed-term imprisonment. According to Article 132 of the "Criminal Discussion and Slippage Law of the People's Republic of China", a person who drives a motor vehicle while intoxicated shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine. If a major traffic accident occurs while driving under the influence of alcohol, and the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

There was no accident or drunk driving investigation.

Dear, hello, drunk drivers have an alcohol concentration of 219, and it is generally difficult to avoid being detained Regardless of whether there is a traffic accident or not, drunk driving is a violation of the law, involving the dry family and criminal liability

How long is the detention?

Finding someone to find a relationship doesn't help? Not detained.

Dear, hello, if you are looking for someone to find a relationship, drunk driving will not be avoided Alcohol concentration 219, you did not have an accident, and you are generally sentenced to fixed-term imprisonment of less than three years, detention or fines According to Article 132 of the Criminal Law of the People's Republic of China, a person who drives a motor vehicle while drunk shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. If a major traffic accident occurs while driving under the influence of alcohol, and the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Got it. Can you just wait to be detained?

Dear, hello, according to the 132 provisions of the Criminal Law of the People's Republic of China, a person who drives a motor vehicle while intoxicated shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Hello dear, yes, if you are caught drunk driving, then you may be detained Oh If you are found again, you should actively cooperate with the request of **, do not resist or run away. At the same time, you have the right to request the state to return to the judgment and present relevant documents and certificates to ensure that your rights and interests are not violated

Summary. Hello, I'm glad to have your problem, drunk driving, blood alcohol content 236 mg 100 ml, will be sentenced to about 3 months of detention by the court, and a fine of thousands of yuan.

I'm drunk driving, 219, how long will I be sentenced?

Hello, I'm glad to have your question, drunk driving, blood stop liquid 236 mg 100 ml, will be sentenced by the court to about 3 months of detention and a fine of thousands of yuan.

Extended Information: Drunk driving is the act of driving a motorized pickpocketing vehicle in a state of total or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 milliliters is considered drunk driving, and a blood alcohol content greater than 80 milligrams is one of the traffic violations of drunk driving, referred to as drunk driving.

Article 91 of China's "Road Traffic Safety Law" clearly stipulates that 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 shall be detained for not more than 15 days and temporarily detained for not less than three months but not more than six months, and shall be fined not less than 500 yuan but not more than 2,000 yuan. This is the provision that the DUI blood test report is the corresponding penalty for 219.