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Article 208-2 of the Criminal Law of Japan (Crime of Death or Injury by Dangerous Driving): Whoever drives a car with more than four wheels under the influence of alcohol or drugs and is unable to drive normally, thereby causing injury to a person, shall be sentenced to imprisonment for not more than 15 years; and where death is caused, a sentence of not less than one year is to be given.
Section 315c (Endangerment of Highway Traffic Safety) :(1) A person who commits any of the following acts, thereby endangering the body, life or valuables of another person, shall be sentenced to a term of liberty of not more than 5 years or a fine:
a.Drinking alcohol or other narcotics ......(2) A person who attempts to commit the crime set forth in Paragraph 1 of Paragraph 1 shall also be punished. (3) A person who commits the crime set forth in paragraph 1 in any of the following circumstances shall be sentenced to a term of imprisonment of not more than 2 years or a fine:
1.negligence causing danger, or 2The negligence is the above-mentioned act, and the negligence causes danger.
Article 316: (1) A person who drinks alcohol or narcotics and is unable to drive a vehicle safely, and whose behavior is not punished in accordance with Article 315a or Article 315c, shall be sentenced to imprisonment of not more than one year or a fine. (2) Anyone who commits this crime negligently shall also be punished in accordance with the first paragraph.
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Drunk driving and injuring people is convicted of causing traffic accidents, and drunk driving will also be a crime in our country from next year. (Amendment VIII to the Criminal Law).
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Every country has laws and regulations on drunk driving and hurting people, you can check it, but some put them in the crime of traffic accidents, and some have other crimes, and the charges are different but they are all punished!
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1. What are the sentencing standards for drunk driving in the Criminal Law?
The blood alcohol content after a DUI is the criterion for sentencing. Among them, the blood alcohol content of drunk driving is greater than or equal to 20mg 100ml; Drunk driving with a blood alcohol content of 80mg or more in 100ml. More than 80mg 100ml is the sentencing standard of 1 to 6 for drunk driving.
When sentencing, it is also necessary to combine the degree of the alcohol test and the specific circumstances of the crime to make a judgment. In general, for every 60 degrees of alcohol, a one-month sentence is added. For example:
The criterion for sentencing 140mg 100ml is one month's detention;
The base sentence for mg 100ml is 2 months;
The base sentence of mg 100ml or more is 3 months.
2. Penalty standards for drunk driving.
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. The amount of the fine must be determined on the basis of the circumstances of the offence.
The circumstances of a crime are the various facts that show the social harmfulness of the criminal act and the personal danger of the offender, and determining the amount of the fine based on the circumstances of the crime is an inevitable requirement of the principle of proportionality of criminal responsibility and punishment. The circumstances of the crime include the means of the crime, the object of the crime, the consequences of the crime, the time of the crime, the location of the crime, and other such circumstances.
Under normal circumstances, the penalty for drunk driving fines is carried out in accordance with the unlimited penalty system, and the minimum amount of the fine cannot be less than 1,000 yuan, and the final amount of the fine is often determined by the court according to the actual circumstances of the case.
3. Penalty standards for drunk driving.
Penalty standards for drunk driving: 1. Administrative punishment: (1) Drunk driving, which is restrained by the public security organ until sober.
Revoke the driver's license, investigate criminal responsibility in accordance with the law, and not re-obtain the driver's license within 5 years; (2) Driving a commercial vehicle while intoxicated shall be restrained by the public security organ until he sobers up. The driver's license of a motor vehicle shall be revoked, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall not be re-obtained within 10 years. After re-obtaining a driver's license, you are not allowed to drive a commercial vehicle; (3) If a major traffic accident occurs and constitutes a crime, criminal responsibility shall be investigated in accordance with law.
The driver's license is revoked and the driver's license cannot be re-obtained for life. 2. Criminal punishment: Article 133-1 of the Criminal Law 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.
If it causes harmful results, it may be suspected of causing a traffic accident, dangerous driving, or endangering public safety by dangerous means.
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A person who commits a crime while intoxicated shall bear criminal responsibility.
1. Under normal circumstances, driving a motor vehicle while intoxicated is suspected of constituting a traffic accident.
2. If the perpetrator clearly knows that drunk driving is illegal and drunk driving will endanger public safety, but ignores the law and drives drunk, especially after the accident, causing a major collision, indicating that the actor subjectively has a laissez-faire attitude towards the continuous occurrence of harmful results, and has the intention to endanger public safety. Anyone who causes a major accident caused by such drunk driving shall be convicted of the crime of endangering public safety by dangerous means in accordance with law.
Article 133-1 of the Criminal Law of the People's Republic of China
Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a 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 occupants to carry passengers, or seriously exceeding the speed limit of the exercise;
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. ”
That is, if you are simply drunk driving, it only constitutes the crime of dangerous driving; If the driving while intoxicated constitutes a traffic accident, it shall be convicted and punished as a traffic accident with a heavier punishment.
1. How many days are detained for drunk driving.
According to the seriousness of the circumstances, drunk driving is already a dangerous driving crime, and the sentence is criminal detention, and the maximum detention is 6 months.
The Criminal Law stipulates that a person who is intoxicated shall bear criminal responsibility for committing a crime. The perpetrator clearly knows that drunk driving violates the law and that drunk driving will endanger public safety, but ignores the law and drives while drunk, especially if he continues to drive and collide after the accident, causing a major accident, indicating that the actor subjectively has a laissez-faire attitude towards the continuous harmful results and has the intention of endangering public safety.
Pursuant to Article 133 of the Criminal Law.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.
Article 42: The period of short-term detention is between one month and six months.
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Legal Analysis: Drunk driving refers to the act of driving a motor vehicle in this state due to the complete or partial loss of personal will due to the consumption of Zhihu alcohol. The driving behavior of the driver of the vehicle whose blood alcohol content is greater than or equal to 80mg 100ml becomes drunk driving.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever drives a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine.
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