From a legal point of view, drunk driving violates whom s rights

Drunk driving seriously endangers public safety, and the legal interest infringed by the crime of dangerous driving is road traffic public safety. The establishment of any crime is based on the conviction and sentencing of infringement of certain legal interests, and there is no crime that does not infringe on legal interests.

The direct object of the crime of dangerous driving is road traffic safety, that is, driving while intoxicated or chasing and racing on the road may pose a threat to road traffic safety, and because the crime of dangerous driving is a dangerous offender, it does not require the occurrence of actual damages, so the direct object of the crime of dangerous driving is road traffic safety.

The same object of the offence of dangerous driving is public safety. Public safety refers to the safety of the lives, health, and major property of an unspecified or large number of people. Public safety focuses on encroaching on the interests of an unspecified majority.

The dangerous driving offender is unable to do so because of the objects that may be harmed by his dangerous driving behavior and the consequences that may be caused, and the danger of the behavior may expand or increase at any time. As long as the perpetrator's conduct endangers the life, health and major property safety of an unspecified number of people, it is a danger to public safety. If the perpetrator only violates the life, health, or property safety of a specific small number of people, it does not constitute a threat to public safety.

Drunk driving poses a danger to public safety. The United States has dangerous driving, but our country does not. But drunk driving is equivalent to a penalty for dangerous driving behavior. It's just that the scope is smaller than the scope of the offence of dangerous driving.

1. The harm of drunk driving and drunk driving.

1. Reduced tactile ability and high spirits.

2. Reduced judgment ability and operation ability.

3. Blurred vision.

4. Easy fatigue.

2. Legal liability for drunk driving.

1. 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.

2. Those who are punished for driving a motor vehicle after drinking alcohol and drive drunk again shall be detained, fined, and the motor vehicle driver's license shall be revoked.

3. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained, fined, and the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within five years.

4. If a person drives a motor vehicle while intoxicated, the motor vehicle driver's license shall be revoked and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

5. If a person drives a motor vehicle while intoxicated, the motor vehicle driver's license 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.

6. 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 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] Article 91 of the Road Traffic Safety Law, a person who drives a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the 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 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.

Legal Analysis: It is a criminal act. Drunk driving is a general offense, and those who drive a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the motor vehicle driver's license and a fine of not less than 1,000 yuan but not more than 2,000 yuan.

Drunk driving is a criminal act, which constitutes the crime of dangerous driving, and a person who drives a motor vehicle while intoxicated on the road shall be sentenced to criminal detention and a fine.

Legal basis: Criminal Law of the People's Republic of China Article 133-1 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:

a missing limb) chasing and racing, 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 prescribed speed of the world;

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).

Driving after drinking alcohol is 20,<80

Drunk driving 80.

Legal analysis: Legally, if an employee is sentenced for drunk driving, the employer can use this as a reason for dismissal. At the same time, because this criminal record is to be included in the personal file, it will have an indirect impact on the future life and employment of the drunk driver, such as the elimination of re-employment and the blocking of future loans.

Whether the labor contract can continue to be performed depends on the employer.

Legal basis: Provisions on the Procedures for Handling Road Traffic Safety Violations Article 31 In any of the following circumstances, the driver's license of a motor vehicle shall be detained in accordance with law: (1) driving a motor vehicle after drinking alcohol; (2) Giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose driver's license for a motor vehicle has been revoked or temporarily detained; (3) The motor vehicle is driving more than 50 percent of the speed limit; (4) Driving a motor vehicle suspected of being assembled or scrapped on the road; (5) Accumulate 12 demerit points in a scoring cycle.