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Drunk driving is treated as drunk driving, to see whether it is dangerous driving, that is, whether the alcohol test report is more than 80, less than 80, it should be fined plus detention and suspension of the driver's license for six months, more than 80 may be sentenced to less than six months of criminal detention. Thank you.
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If it is not drunk driving, it is not a commercial vehicle, and the penalty will not be too severe; The injured person will be compensated according to the injury.
The Road Traffic Safety Law of the People's Republic of China stipulates the penalties for drunk driving:
Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 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 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; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.
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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1. The crime of dangerous driving may be sentenced to criminal detention (not less than one month but not more than six months) and a fine, and the specific length and amount of the sentence shall be determined by the court according to the specific circumstances of the case;
2. If it does not constitute a major traffic accident, the motor vehicle driver's license shall be temporarily detained for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed.
The traffic police took blood tests from drunk drivers as the main evidence. A blood alcohol level of 20-80mg 100ml is considered to be drinking and driving. A blood level higher than 80mg 100ml is considered drunk driving.
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 is drunk and drives a motor vehicle, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, pursue criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license 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 commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license within 10 years, and shall not drive a commercial motor vehicle after re-obtaining the motor vehicle driver's license.
If a major pickpocketing traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, but this constitutes a crime, criminal responsibility shall be investigated 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.
Legal basis
Criminal Law of the People's Republic of China
Article 133-1 [Crime of Dangerous Driving] Crime of dangerous driving: Whoever 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.
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In it, drunk driving is divided into drunk driving and drunk driving, and a series of plots formed by the two will have a slight difference in administrative licensing.
Minor injuries caused by the accident are criminally responsible.
According to the Criminal Law, anyone who violates the regulations on road traffic safety and causes death or injury or causes public and private economic losses shall be sentenced to three years in prison or detention.
Administrative Licensing. Drunk driving.
Drunk driving refers to the suspect driving after drinking alcohol with an alcohol concentration higher than or equal to 20mg 100ml in the blood circulatory system. If you drink alcohol and drive a machine, your driver's license will be detained for 6 months and you will be fined not more than 1,000 yuan but not more than 2,000 yuan.
If you drive under the influence of alcohol, your driver's license will be cancelled, and you will not be able to get a driver's license again for 5 years; In addition, a 15-day detention and a fine of 5,000 yuan will be imposed.
Drunk driving. If you are drunk, the pure concentration of alcohol in the bloody night is higher than or equal to 80mg 100ml, and the driver's license will be cancelled if you drive the car, and you will not be able to get the driver's license again within 5 years, and you will be asked to investigate your criminal responsibility.
If a person drives a car while intoxicated, after canceling the driver's license, he cannot obtain a driver's license again within ten years, and his criminal responsibility will be investigated; In addition, after obtaining a driver's license again, it is no longer possible to safely drive a commercial vehicle.
Is it too much to get into a drunk driving accident and get into an accident for 50,000 yuan?
It is necessary to take into account various factors such as the victim's injury, hospitalization expenses, medicine and medical expenses, and lost work, so that it can be clear that the compensation of 50,000 yuan is excessive.
In addition, if a drunk driver causes a minor injury, he is private without the intervention of the police, and the number can be regarded as a leak of money and a disaster. In the case of police intervention, part of the legal responsibility can be private, but part of the criminal responsibility cannot be private.
Once subjected to criminal punishment, the record will also enter the archives, and then it is not something that can be handled by 5,000 yuan.
For examples. In March 2020, Li from Fuyang District went to Dayuan Town to meet with an old friend, and the drunk Li was drunk in the wine bureau. Under the numbness of ethanol, Li collided with 6 passers-by and a battery car on the way without knowing it, and was later captured by the traffic police team who were deployed for inspection in the urban area.
After testing, the alcohol content in Li's blood night was.
After the trial by the people's court, in this case, Li was drunk driving, resulting in three minor injuries, two minor injuries and damage to his battery car, and he was responsible for any obligations in this matter. He was sentenced to 6 months of detention and a fine of 12,000 yuan. In addition, after that, Li's compensation for 6 people's compensation for ** expenses, lost work and other damages totaled more than 70,000 yuan.
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