How to deal with drunk driving when human life is at stake

After the Eighth Amendment to the Criminal Law added the crime of dangerous driving to criminalize drunk driving, it has attracted people's attention to drunk driving. Drunk driving is not only an act that violates traffic management laws and endangers the safety of others and one's own life and property, but also a crime that violates the criminal law if you are not careful. How is drunk driving recognized and punished in law?

Step |Method.

First of all, on the issue of identification, China promulgated and formulated in 2004 the "National Standard for the Value and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" has a clear standard - the driver's blood alcohol content is greater than or equal to 20mg 100ml, less than 80mg 100ml belongs to drunk driving; A blood alcohol content greater than or equal to 80mg 100ml is considered drunk driving. Therefore, as long as the driver's blood alcohol content is greater than or equal to 20mg 100ml, it is drunk driving and violates traffic management regulations; If it is greater than 80mg 100ml, it is drunk driving and has violated the criminal law.

Secondly, on the issue of punishment, the Road Traffic Safety Law stipulates that for drunk driving (within the scope of the crime of dangerous driving), if it is found for the first time that he is driving after drinking, his driver's license will be suspended for 6 months and fined 1,000 to 2,000 yuan, and if he violates it again, he will be detained for up to 10 days, fined between 1,000 and 2,000, and have his driver's license revoked. Those who meet the standards for drunk driving and constitute the crime of dangerous driving, in addition to pursuing criminal responsibility in accordance with the criminal law, must also be restrained by the public security organs until they sober up.

Whether it is drunk driving or drunk driving, it is an act of irresponsibility and disrespect for others and one's own life. Drivers should not take chances, strictly abide by traffic laws and regulations, and refuse to drink and drive.

Whether the insurance company should bear the liability of compulsory traffic insurance if the drunk driver causes an accident is also inconsistent with the court's judgment on this issue. Proponents believe that compulsory traffic insurance is a type of compulsory insurance, which is clearly stipulated in the Road Traffic Safety Law and the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability (hereinafter referred to as the "Regulations"). The "Regulations" stipulate that when a driver is drunk and causes a traffic accident, the insurance company shall pay the rescue expenses for the victim in advance within the insurance limit, and has the right to recover compensation from the victim.

This is essentially an upfront payout. The above-mentioned laws and regulations establish the principle that the insurance company shall bear the no-fault liability for the insured accident, regardless of whether the parties to the traffic accident are at fault and what the degree of fault is, the insurance company will first compensate within the liability limit, which reflects the social welfare attribute of compulsory insurance for motor vehicle traffic accident liability. Compulsory motor vehicle traffic accident liability insurance is an insurance compulsory by the state in the form of laws and regulations in order to safeguard the public interest, and its main purpose is to ensure that car accident victims can obtain basic assistance in a timely manner.

In China's current social security and assistance system is not sound and imperfect, and the court's civil case enforcement is unsatisfactory, the positive role of compulsory traffic insurance is particularly obvious.

Answer: Hello, I am a cooperative lawyer of the legal platform, and I am happy to serve you to ask your questionsI am drunk driving in Tianjin, my driver's license is in Beijing, and I should go to the department in Beijing to deal with the fine.

Answer kiss, drunk driving to the local traffic police department to deal with. According to Article 5 of the Road Traffic Safety Law, the public security department is responsible for the management of road traffic safety nationwide. The traffic management departments of local people's public security organs at or above the county level shall be responsible for the management of road traffic safety within their respective administrative areas.

The people's transportation and construction management departments at or above the county level are responsible for the relevant road traffic work in accordance with their respective duties.

Question: Do I go to the traffic police brigade or the vehicle management office?

Answer: The re-learning subjects in the practice of kissing are all carried out in the vehicle management office, oh my answer to you above, if you have time, you can take a look at it, if you don't understand something, let's communicate again, I will continue to answer for you.

Carry forward the spirit of the rule of law, safeguard fairness and justice, and highlight humanistic values, now is a society under the rule of law, if your rights are damaged, you can protect your legitimate rights through legitimate channels.

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.

Those with an alcohol content of 80 or less will be detained by the police, and those who exceed will be sentenced.

In serious cases, they will be directly detained and their driver's licenses revoked.

Drunk driving insurance companies have the right to deny claims. And compulsory insurance is not the insurance that you say must be compensated, compulsory insurance means that you must be on the insurance, that is, the most basic insurance, after drunk driving, people can refuse to pay for all insurance, you must pay for the insurance?

If it is not serious, it will generally be closed for 6 months and 1 year.

Don't get into a car accident, don't let the traffic police catch you, it's fine.

No compensation. Don't get the traffic police!! If you have more than 80 alcohol, you're dead!!

The new Road Traffic Safety Law classifies drunk driving into two levels: drunk driving and drunk driving, and increases penalties for drivers who drive commercial motor vehicles

1) The punishment for drunk driving is: if you drive a motor vehicle after drinking, the motor vehicle driver's license shall be suspended for not less than one month but not more than three months, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan.

2) 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 shall be detained for not more than 15 days and temporarily detained for not less than three months but not more than six months, and shall be fined not less than 500 yuan but not more than 2,000 yuan; Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan.

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.

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. DUI:

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. Drunk driving: driving a motor vehicle while intoxicated, the driver's license will be revoked, and the driver's license shall not be re-obtained within 5 years, and the criminal detention and fine shall be imposed after the 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.

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.

Drunk driving:

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.

Article 91: 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 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.

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.

Whoever is convicted of the crime of dangerous driving shall be sentenced to short-term detention and a fine in accordance with the provisions of Article 133-1 of the Criminal Law. Where dangerous driving simultaneously constitutes the crime of causing a traffic accident or the crime of endangering public safety by dangerous means, it is to be convicted and punished in accordance with the provisions for the heavier punishment, and the punishment for multiple crimes is not to be combined. 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.

Drunk driving 1. Drunk driving, the driver's license will be suspended for 6 months, and a fine of not less than 1,000 yuan but not more than 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. 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.

Drunk driving 1. Drunk driving shall be restrained by the public security organ until he sobers 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. 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 obtaining a new driver's license, you are not allowed to drive a commercial vehicle. 3. If a major traffic accident occurs while drunk or drunk, and a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

The driver's license is revoked and the driver's license cannot be re-obtained for life.

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.