Drunk driving with an alcohol content of 200 but no accident The car and driver s license have been

The Criminal Law stipulates that drunk driving is punished as a crime of dangerous driving. Detention and a fine of 1,000-2,000 yuan, revocation of driver's license, and prohibition of re-obtaining it for five years.

On May 1, 2011, the new rules on drunk driving came into force.

On February 25, 2011, the Criminal Law Amendment (VIII) was officially adopted and came into force on May 1 this year. This also means that in the future, anyone who drives a motor vehicle while intoxicated on the road will face a penalty of up to six months of detention once they are caught. Its nature has also evolved from an administrative offense to a criminal offense.

And drunk driving of civil servants is almost equivalent to smashing their own "iron rice bowl". Paragraph 2 of Article 17 of the Regulations on the Punishment of Civil Servants of Administrative Organs stipulates that civil servants of administrative organs who are sentenced to criminal punishment in accordance with the law shall be dismissed.

Article 91 of the amended Road Traffic Safety Law provides:

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 revoked by the traffic management department of the public security organ.

A motor vehicle driver's license shall not be re-obtained for life.

Regulations on the Management of Road Traffic Safety in the Zhuhai Special Economic Zone (Draft Revisions for Solicitation of Comments).

Strict management and heavy penalties are the most striking features of the Draft Regulations. Article 60 of the "Regulations (Revised Draft)", in violation of the provisions of Item 15 of Article 12 of these Regulations, driving a motor vehicle at a speed of more than 50 percent but not more than 100 percent per hour, shall be fined not less than 1,000 yuan but not more than 2,000 yuan, and may also have the motor vehicle driver's license revoked; Those who exceed the speed limit by 100 percent or more shall be fined not less than 3,000 yuan but not more than 5,000 yuan, and shall also have their motor vehicle driver's license revoked.

Article 79, driving a motor vehicle without following the provisions of the traffic signal shall be fined not less than 300 yuan but not more than 500 yuan.

Article 81, a person who drinks alcohol or drives a motor vehicle while intoxicated shall be punished in accordance with the following provisions: (1) Driving a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined 1,000 yuan. If there is an act of driving a motor vehicle after drinking alcohol within one year, and the person is punished more than twice, the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within five years.

2) Anyone who drives a motor vehicle while intoxicated shall be fined 2,000 yuan and have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. Those who have the behavior of driving a motor vehicle while intoxicated and have been punished more than twice shall not be allowed to re-obtain a motor vehicle driver's license for life.

[Legal advice] is reasonable.

According to the provisions of the Criminal Law, driving a motor vehicle while intoxicated is an act of dangerous driving, and if driving a motor vehicle while intoxicated does not cause a traffic accident, criminal responsibility may be pursued as the crime of dangerous driving, and the court generally imposes a criminal detention of not more than 6 months and a fine.

Drunk driving, with an alcohol content of 246%, did not cause a traffic accident. The court sentenced him to two months in prison and sentenced him to 25,000 yuan. This is completely reasonable and legitimate, and there is no problem.

You can look at similar cases in Chinese court documents, and you will know that there is no problem with the court's ruling.

Drunk driving, alcohol content of 246%, did not cause a traffic accident, the court sentenced 2 months of detention and a fine of 25,000 yuan, which is completely reasonable and legal, without any problems.

You can go to the Chinese judgment documents and check similar cases, and it will be clear that there is no problem with the court's judgment.

Drunk driving with an alcohol content of 246% did not result in a traffic accident. The court sentenced him to two months' imprisonment and a fine of 10,000 yuan. This is completely reasonable and legitimate, and there is nothing wrong with that.

You can look at similar cases in Chinese legal documents, and you know that there is nothing wrong with the court's ruling.

Drunk driving, with an alcohol content of 246%, did not cause a traffic accident. The court sentenced him to two months' imprisonment and a fine of 10,000 yuan. This is completely reasonable and legitimate, and there is no problem. You can look at similar cases in Chinese court documents, and you know that there is no problem with the court's ruling.

Drinking alcohol with an alcohol content of 246% did not result in a traffic accident. The court sentenced him to two months' imprisonment and a fine of 10,000 yuan. It's completely fair and legal without any issues.

You can look at similar cases in Chinese court documents, and you will know that there is no problem with the court's decision.

Plausible. In accordance with the provisions of Article 133-1 of the Criminal Law, he is to be sentenced to short-term detention and a concurrent fine. A blood alcohol content of 80 milligrams or more than 100 milliliters shall be deemed to be drunk driving.

In principle, probation is not applied to drunk drivers. Drunk driving is more harmful to society, and once an accident occurs, the consequences are usually more serious, and the criminal detention sentence for this crime is a free sentencing range of 1 to 6 months, which itself is a relatively light punishment, and if a suspended sentence is applied, it is difficult to achieve the effect of criminal deterrence and crime prevention.

When sentencing, according to the degree of blood alcohol test and the specific circumstances, such as sentencing on the highway, it should be emphasized. Where the blood alcohol content is between 80 mg and 100 ml and less than 140 mg and 100 ml, the base sentence is 1 month; Where the blood alcohol content is between 140 mg and 100 ml but less than 200 mg and 100 ml, the base sentence is 2 months; If the blood alcohol content is more than 200 milligrams and 100 milliliters, the base sentence is 3 months. For every 60 milligrams of blood alcohol content increased by 100 milliliters, the sentence is increased by 1 month.

2. What are the circumstances under which drunk driving is punished heavily?

In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways and urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that do not constitute other crimes;

7) Those who have received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be punished heavily.

The latest sentencing standard for drunk driving penalties needs to be dealt with according to the circumstances of drunk driving, and under normal circumstances, according to the Criminal Law on the punishment of drunk driving, it will be punished by 1 to 6 months of criminal detention.

1. How to punish drunk driving more than 200 without accidents?

Article 133 of the Criminal Law: Anyone who drives a motor vehicle on the road in any of the following circumstances shall be detained and fined:

1) Chasing and running, 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 passenger load, 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 the conduct in the preceding two paragraphs constitutes another crime, it is to be convicted and punished in accordance with the provisions on heavier punishment.

Second, the second paragraph of Article 91 of the Road Traffic Safety Law provides for the punishment of drunk driving. 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 cannot be obtained again within five years.

Paragraph 4 of Article 91: Anyone who drives or operates a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law; Within 10 years, it is not allowed to re-obtain a motor vehicle driver's license, and it is not allowed to drive or operate a motor vehicle after re-obtaining a motor vehicle driver's license.

Paragraph 5 of Article 91: 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 traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not obtain a motor vehicle driver's license again for life.

III. Judicial Interpretations on Penalties for Drunk Driving.

Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated.

2. Driving a motor vehicle while intoxicated and stopping the town in any of the following circumstances is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133:

1) Causing a traffic accident, bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on expressways or urban expressways;

4) Driving a motor vehicle carrying passengers;

5) Seriously violating the Road Traffic Safety Law, such as seriously overcrowding, overloading, or speeding, driving a motor vehicle without driving qualifications, or using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs, which does not constitute another crime;

7) Receiving a pre-departure source government punishment or criminal prosecution for driving a motor vehicle after drinking;

8) Other circumstances that may be given a heavier punishment.

To sum up, don't think that drunk driving can escape punishment without accidents. In the case of drunk driving, the offence of dangerous driving has been constituted. In the event of an accident, you will also face a certain amount of prison sentences.

If the circumstances of drunk driving are serious, in addition to the revocation of the driver's license and other punishments, a fine and a certain amount of fixed-term imprisonment will also be imposed.

Millions of car purchase subsidies.

1. How to punish drunk driving more than 200 without accidents.

Article 133-1 of the Criminal Law Whoever drives a motor vehicle on a 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;

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.

2. The Road Traffic Safety Law stipulates penalties for drunk driving.

The second paragraph of Article 91, a person who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Paragraph 4 of Article 91, a person 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 motor vehicle driver's license 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.

Paragraph 5 of Article 91 provides that 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.

III. Relevant judicial interpretations provide for the punishment of drunk town wide driving.

Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated.

2. In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

To sum up, don't think that drunk driving can avoid punishment without causing an accident, as far as the act of drunk driving has constituted the crime of dangerous driving, if an accident occurs, then you will face a certain amount of fixed-term imprisonment, for serious drunk driving circumstances, in addition to revocation of driver's license and other punishments, a fine and a certain amount of fixed-term imprisonment. @2019