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The penalty for drunk driving plus unlicensed is based on Article 91 of 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 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.
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Hello, driving without a license is very serious, if you are driving under the influence of alcohol, it is even more serious, causing disability, this situation is a crime on top of a crime, and should be dealt with with serious criminal responsibility, thank you.
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In this case, of course, it is to call the police, first of all, it is difficult for you to figure out yourself, how big his fault is, and I don't know how much punishment he has to accept, he is now also in a drunken state and he has not won the award, now you can only let the police come over to control the scene first, how to judge in the future and wait for the news, the law will not favor anyone is just, fair.
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It may constitute the offence of dangerous driving, and it may also constitute the offence of intentional injury. If the alcohol content exceeds 80, then it constitutes the crime of dangerous driving, and if it causes injuries above the second degree, then it constitutes the crime of intentional injury, and the law is also proposed.
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If you drive under the influence of alcohol and beat someone, you will definitely go to jail.
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Of course, you should call the police, he drove without a license and caused injury and beating, which is a serious offense.
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Your question is how to punish driving without a license in the case of drunk driving, referring to the person who is disabled and beaten? It is up to the courts to deal with the matter.
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Then you have to spend more money with others, it's better to be private, or it's not easy to do.
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Legal analysis: If you hit someone with a drunk driver without a license, you need to see whether the injured person's condition is serious or not, and if it is seriously injured, it constitutes the crime of causing a traffic accident; If it does not constitute serious injury, it constitutes the crime of dangerous driving.
The law is based on:
Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person 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.
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Legal analysis: Drunk driving without a license that causes minor injuries to a person can be punished with 1 month to 6 months of criminal detention for the crime of dangerous driving.
Legal basis: 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 concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
3) Engaged in school bus business or passenger transportation, seriously exceeding the rated occupant capacity, or seriously exceeding the prescribed speed Lu Zhengmao driving;
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.
The chances of surgery** are very high.
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String it together and make it into a story.
The law is exquisite: "whoever asserts who bears the evidence", that is, if someone says that you hit someone, he must have evidence to prove that you hit someone, not that you prove that you did not hit someone, this is the truth, if he has a witness, you have to find evidence to show that you did not beat someone, understand? ?
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