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Article 133 of the Criminal Law: 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.
Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.
Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
Road Traffic Safety Act
Article 119:The meanings of the following terms in this Law:
1) "Road" refers to highways, urban roads, and places that are within the jurisdiction of the unit but allow social motor vehicles to pass, including squares, public parking lots, and other places used for public traffic.
The crux of the case is whether the parking lot is a road. The parking lot is divided into above-ground and underground parking lots. It is necessary to analyze specific problems on a case-by-case basis.
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According to the Criminal Law Amendment, drunk driving is a crime of endangering public safety by dangerous means and is punishable by criminal law.
Zongheng Legal Network-Jiangsu Runyang Law Firm-Yin Siqin lawyer.
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Hello, according to the Ministry of Public Security, drunk driving will be filed and dealt with, and will generally be punished with 3-6 criminal detention.
Zongheng Legal Network-Jiangsu Zhengyuan Law Firm-Wu Guangdong lawyer.
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The parking lot belongs to the scope of "636f707962616964757a686964616f31333431366331 road" in the law.
According to the Road Traffic Safety Law of the People's Republic of China:
Article 91 Whoever 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 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.
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.
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Driving in a residential area while intoxicated is also a dangerous driving offence.
On December 18, 2013, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated. As long as social motor vehicles are allowed to pass, according to the relevant regulations, they all belong to the scope of "roads".
In other words, driving a motor vehicle while intoxicated in these places also constitutes the crime of dangerous driving.
The crime of dangerous driving is a new crime added to the Amendment (VIII) to the Criminal Law of the People's Republic of China. The crime of dangerous driving includes types of behaviors such as chasing and racing, and driving while intoxicated.
Drunk driving is the act of driving a motor vehicle on the road while intoxicated. According to the relevant regulations, the blood alcohol content of the vehicle driver is greater than or equal to 80mg 100ml is drunk driving.
Different voices. Zhejiang fine-tuned sentencing standards for moving cars in drunk communities are not criminalized.
Although there are "Opinions" of the Supreme People's Court and other three departments, in May this year, the "Answers to Several Questions Concerning the Trial of the "Drunk Driving" Crime of the Third Criminal Division of the Zhejiang Provincial High People's Court "fine-tuned" the "Opinions". It points out that "road" refers to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic, excluding public passages that are not allowed to pass at will in residential areas, school campuses, government agencies, etc.
Therefore, it should not be recognized as a crime to move a parking space while intoxicated in a residential area. In addition, the "Answer" also pointed out that for cases where drunken people are caught in squares, public parking lots, and other places where public traffic is passed, just to move parking spaces, if there is no danger to public safety, it can not be treated as a crime.
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If there is no serious accident, there should be no criminal liability, but the maximum detention will be 6 months. It should be okay to negotiate.
Of course, it's possible that it's been a month and no one has been injured.
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The consequences of drunk driving are very serious, and now the state is becoming stricter and stricter in the management of drunk driving, and the punishment is getting heavier and heavier.
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They are all sentenced to 6 months, but they can find a way from the branch office to get a bail pending trial.
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If the accident party does not pursue your friend's case, ** will only ask for the following at most: 12. Demerit points for driver's licenseThe towing fee is about 50-200 yuan If **exceeds these 2, your friend can ignore it**!
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This is not a traffic accident, so it should not bear the responsibility for the determination of the traffic accident.
Although it was drunk, it didn't cause serious consequences, and it should be fine if the money was paid.
The parking lot is not a road, so it should not be under the control of the traffic police.
This one should be fine.
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Our so-called "private compensation" is called "civil compensation" in law, and civil liability and criminal liability are independent of each other, and there is no necessary connection between civil compensation in place and the judicial organs not pursuing the criminal responsibility of the perpetrators. Since the crime of "dangerous driving" is a public prosecution charge, as long as the standard of criminal prosecution is met, criminal responsibility should be pursued, and the perpetrator cannot be exempted from criminal responsibility because he has compensated the victim. Of course, if the circumstances are minor, and the victim is actively compensated and forgiveness is obtained, the procuratorate may decide not to prosecute, and the court may also give a lighter punishment as appropriate.
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This matter is more troublesome, ** may be filed for the crime of dangerous driving, this crime does not need to have a result, it is a criminal act, think of a way, try not to let ** file a case, once the case is filed, it will be sentenced!
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First of all, was your father tested for alcohol after the accident? If it is tested, find an acquaintance of the traffic police and see if you can spend money without detention. Generally, if there is no inspection on the spot, then there is nothing to do, just pay someone some money.
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Your father is fully responsible, for sure. But he didn't have much of an accident in the parking lot, and it shouldn't be a big deal to discuss with the other party how to deal with it and how to deal with it.
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Your father is fully responsible, for sure. But he had an accident in the parking lot, and it is generally easy to say good things!
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Generally, there is no criminal liability, but civil liability is inevitable, and you can proactively contact the parking lot and negotiate compensation with the car owner.
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There was no one on the car that was hit at the time, find a friend, replace it, and say that you didn't pay attention and lose some money; If the lion over there opens his mouth, he will call the police, and then insist that it was a friend who drove it, and then go normally, and your car insurance will repair the car.
Rest assured, it's nothing big if there are no personnel accidents.
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You must be intoxicated to be criminally responsible, and you do not have to be criminally liable if you only drink alcohol. When reversing and encountering others, hurry up and be private with others, and don't do anything to find someone to carry the bag, which will harm others and yourself.
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Just a little bit, it's private, and say a favor to the other party.
Method 1: Pendulum incline reversing method.
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