Is it necessary to fine 8,000 yuan for drunk driving with a one month suspended sentence for two mon

drunk driving, constituting the crime of dangerous driving, sentenced to criminal detention of less than six months, and a fine of about 10,000 yuan;

A suspended sentence can be declared, and the fine is an additional sentence, also known as a property penalty.

See: Article 32 of the Criminal Law [Principal Punishment and Supplementary Punishment] Punishment is divided into principal punishment and supplementary punishment.

Article 33: [Types of Principal Punishments]The types of principal punishments are as follows: (2) short-term detention;

Article 34: [Types of Supplementary Punishments]The types of supplementary punishments are as follows: (1) fines;

Article 42: [Period of Short-term Detention].The period of short-term detention is between one month and six months.

Article 72: [Conditions for the Application of Suspended Sentences]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for persons who are not yet 18 years old, pregnant women, and those who have already reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

Suspended sentenceof criminals,If an additional sentence is imposed, the additional sentence must still be enforced.

Article 133-1 [Crime of Dangerous Driving] Driving a motor vehicle on a road in any of the following circumstances shall be punishedDetention and a fine:(2) Driving a motor vehicle while intoxicated;

You will definitely be fined and your license revoked, and you will not be able to retake it for five years.

A suspended sentence is to give you a probationary period, and if there is no violation of the law within the expiration of the period, the sentence will not be executed, so it is recommended that you actively cooperate in this case, otherwise the probation will be revoked. Drunk driving is sentenced to four months' detention, as long as it is not a recidivist and meets the requirements of probation, there is a possibility of probation. A suspended sentence of four months was imposed, and the probationary period of the suspended sentence was calculated from the date on which the judgment was determined.

During the probation period, no new crimes were committed, no relevant laws and regulations were violated, and the original criminal law was no longer enforced.

Legal basis: Article 72 of the Criminal Law of the People's Republic of China: Suspended sentences may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to an additional sentence, the supplementary sentence must still be enforced.

In accordance with Article 73.

Article 73 of the Criminal Law of the People's Republic of China: The probationary period of a suspended sentence of short-term detention is not less than one year but not less than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year.

The probationary period of a suspended sentence is calculated from the date on which the judgment is determined. In accordance with Article 74.

Article 74 of the Criminal Law of the People's Republic of China: Suspended sentences are not applicable to recidivists and ringleaders of criminal groups.

Legal Analysis: A one-month probation sentence for drunk driving is not very serious. Probation refers to a special way of enforcing a fixed-term prison sentence, which aims to sentence a fixed-term prison sentence not to be served in prison, and set a probationary period for it.

A suspended sentence is only suspended, and the probationary period of the suspended sentence is observed, and the criminal detention sentence does not need to be served after one month.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, 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. Article 133-1 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; (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 there is conduct in the preceding two paragraphs, and at the same time contemporarily constructing jujube making a fuss into other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of a public vehicle that is being dismantled and dismantled, endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished 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.

For the punishment of drunk driving, according to the relevant provisions of China's "Road Huaique Traffic Safety Law", after review, the punishment will generally be carried out according to the actual situation, if it is a summary procedure, for drunk driving, it will generally be sentenced to 1-6 months in prison, or criminal detention, and a fine of up to 10,000 yuan; If it is a major traffic accident, it will be investigated for criminal liability and can be sentenced to imprisonment for more than 3 years, criminal detention or life imprisonment.

Therefore, for drunk driving, the punishment can be determined according to the severity of the traffic accident, such as a 2-month suspended sentence and a 4-month fine of 9,000 pounds, which is okay, but it can also be based on the actual situation. In addition, in the process of punishment, the parties involved in traffic accidents may apply for administrative reconsideration or file an administrative lawsuit in accordance with the provisions of the Road Traffic Safety Law.

Drunk driving sentenced to 2 months' probation, 4 months' fine, and a fine of 9,000 is not heavy. Drunk driving refers to driving a motor vehicle in a drunken state, and the drunk driving actor usually loses or partially loses his personal will in the process of driving due to drunkenness, so that he loses reasonable judgment and control over the driving behavior, therefore, drunk driving behavior is extremely harmful to himself and public safety.

According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China on drunk driving, drunk driving shall be punished by fixed-term imprisonment of not less than 2 months but not more than 6 months and a fine; If there are special circumstances, the offender may be commuted or exempted from Lee's punishment. For those who actively show remorse before committing the crime, the punishment may be commuted, such as commuting the fixed-term imprisonment, or giving a suspended sentence, or reducing the amount of the penalty for disturbing the travel expenses. Therefore, if the offender shows positive remorse, it is okay to have a 2-month suspended sentence and a fine of 9,000 for 4 months.

Yes, according to Article 25 of China's Road Traffic Safety Law, drunk driving is punishable by fines and imprisonment, as well as the revocation of a motor vehicle driver's license. At the same time, the relevant legal provisions hold that the behavior of a drunk driver is a dangerous driving behavior, which will have a serious impact on traffic safety, and therefore, the drunk driver should be punished with severe penalties to maintain public safety in the nuclear section. According to the relevant laws and regulations, drunk driving will be punished with 2 months of probation and 4 months of fine 9,000 yuan.

If the drunk driver fails to pay the fine within the specified time limit, he will be additionally detained or detained.