How to punish drunk driving by 2 times, is it legal to fine 20,000 yuan for drunk driving

Revoke the driver's license of a motor vehicle for drunk driving in accordance with regulations, and pursue criminal responsibility (short-term detention and fine) in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years.

According to the Road Traffic Safety Law of the People's Republic of China:

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.

Hello, I hope the following regulations can help you, please obey the traffic rules.

New Penalties for Drunk Driving and Penalties for Drunk Driving:

New Penalties for Drunk Driving and Penalties for Drunk Driving:

Driving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be demerit and the driver's license will be suspended for 6 months;

Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years.

driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment;

Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.

There are two types of drunk driving:

1. If the alcohol content reaches 20mg 100ml but is less than 80mg 100ml, it belongs to drinking and driving;

2. If the alcohol content reaches or exceeds 80mg 100ml, it is drunk driving.

Currently, driving under the influence of alcohol is an offence, and driving while intoxicated is a crime.

Legal analysisDriving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be demerit and the driver's license will be suspended for 6 months; Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years. 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 basis"Amendment to the Criminal Law of the People's Republic of China" 8. Amend Article 133-1 of the Criminal Law to read: "Anyone who drives a motor vehicle on a road in any of the following circumstances is to 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; "(3) Engaging in school bus business or passenger transportation, seriously exceeding the rated occupant capacity, or seriously exceeding the prescribed speed; "(4) Transporting hazardous chemicals in violation of the provisions 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. ”

is reasonable. Those who drive a troublesome motor vehicle after drinking shall be restrained by the traffic management department of the public security organ until they sober up, and their motor vehicle driver's license shall be suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan, and those who do not change after education shall be detained for up to 10 days, and shall be fined not less than 1,000 yuan but not more than 2,000 yuan, and their driver's license shall be revoked;

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, shall be detained for not more than 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.

1. What are the standard regulations for drunk driving fines?

Whoever drives a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine. The fine here needs to be determined in accordance with the provisions of the sub-provisions of the Criminal Law, and the specific amount of the fine is determined by the court according to the actual circumstances of the case.

1.No penalty system.

That is to say, the sub-provisions only provide for selective, individual or combined fines, and do not stipulate the specific amount of fines, but the people's courts shall determine the specific amount of fines in accordance with the principles determined by the General Provisions of the Criminal Law - according to the circumstances of the crime. In the case of an unlimited fine, according to the judicial interpretation, the minimum amount of the fine shall not be less than 1,000 yuan; Where juvenile crimes shall be given a mitigated or commuted fine, the minimum amount of the fine must not be less than 500 RMB.

2.Limit penalty system.

That is to say, the sub-provisions stipulate the lower and upper limits of the amount of fines, and the people's court only needs to determine the fines within the prescribed range.

3.Proportional penalty system.

That is, the amount of the fine is determined by a percentage of the amount of the crime. For example, the crime of falsely declaring registered capital shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention, and/or a fine of not less than 1% but not more than 5% of the amount of false registered capital.

4.Multiplier penalty system.

That is, the amount of the fine is determined by a multiple of the amount of the crime. For example, a person who refuses to pay taxes by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention and shall also be fined not less than 1 time but not more than 5 times the amount of the refusal to pay taxes. According to this provision, the amount of the fine depends on the amount of the offence, and the greater the offence, the higher the amount of the fine; And vice versa.

5.Penalty system.

That is, the amount of the fine is determined by the proportion and multiple of the amount of the crime at the same time. For example, the crime of producing or selling counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention, and a fine of not less than 50% but not more than 2 times the amount of the sales shall also be imposed.