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According to the different circumstances of drunk driving, different administrative penalties are imposed on drunk drivers, and if a crime is constituted, criminal punishment shall be imposed in accordance with the law:
1. Drunk driving, the driver's license will be temporarily detained for 6 months, and a fine of between 1,000 yuan and 2,000 yuan will be imposed. Those who have previously been punished for drunk driving and drive under the influence of alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their driver's license revoked.
2. Drunk driving shall be restrained by the public security organs until sobering up. Revoke the driver's license, investigate criminal responsibility in accordance with the law, and not re-obtain the driver's license within 5 years.
3. Driving a commercial vehicle under the influence of alcohol shall be detained for 15 days, fined 5,000 yuan, and the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years.
4. 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 obtaining a new driver's license, you are not allowed to drive a commercial vehicle.
5. If a major traffic accident occurs while drunk or drunk, and a crime is constituted, criminal responsibility shall be investigated according to law. The driver's license is revoked and the driver's license cannot be re-obtained for life.
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How to sentence drunk driving without a license.
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Legal Analysis: Unlicensed drunk driving will be sentenced. Driving a motor vehicle while intoxicated constitutes the crime of dangerous driving, and is punishable by criminal detention and a fine. Those who fail to obtain a driver's license for disturbing the beam of a motor vehicle shall be fined not less than 200 yuan but not more than 2,000 yuan.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Whoever 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 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.
Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle while the driver's license is suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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Legal analysis: (1) If a person drives a motor vehicle while intoxicated, he shall be restrained by the traffic management department of the public security department until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years. (2) 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 driver's license of the motor vehicle, and investigate criminal responsibility in accordance with the 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.
3) If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to 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. (4) If the statutory circumstances are met, it will be found to be the crime of dangerous driving, and according to the provisions of the Criminal Law, it is generally punishable by criminal detention and a fine.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China 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.
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