Can drunk driving be exempt from criminal liability, and can drunk driving be exempt from criminal l

Yes, although drunk driving constitutes the crime of dangerous driving, this crime is a misdemeanor after all, and the procuratorate can do not prosecute if it meets the conditions, and of course, the court can also make a judgment of conviction and exemption from punishment.

1. Can drunk driving be exempt from criminal liability?

The Supreme People's Court's Sentencing Guiding Opinions on Common Crimes (II) (Provisional) Since drunk driving was criminalized, the Supreme People's Court for the first time provided in the form of a judicial interpretation that drunk driving may not be convicted or exempted from criminal punishment, which means that even if the alcohol content in the body of a motor vehicle driver while driving under the influence of alcohol meets the prescribed standard for drunk driving, the circumstances are obviously minor, and the circumstances are significantly minor, of course, including that the alcohol content in the body is not excessively higher than the standard for drunk driving. There were no traffic accidents, no obstruction of inspections, good confessions, etc.

The Supreme People's Court has issued relevant judicial documents detailing the circumstances under which drunk driving can be exempted from criminal liability and exempted from criminal punishment. For example, where the perpetrator's blood alcohol content is below a certain value, there is no traffic accident or only self-harm or property damage is small, and there are no other illegal acts, cooperate with the public security organs' investigation; Criminal punishment may be waived for other minor circumstances such as helping others to drive a motor vehicle while intoxicated and no consequences are caused.

2. What are the penalties for drunk driving if it constitutes a traffic accident?

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. 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.

3. What are the criteria for determining drunk driving and drunk driving?

The Ministry of Public Security issued the "Guiding Opinions on the Handling of Cases of Drunk Driving of Motor Vehicles by Public Security Organs", which clearly stated that if the blood alcohol content of the driver reaches the standard of driving a motor vehicle while intoxicated, it will be filed and investigated as suspected of dangerous driving. In addition, for the first time, it is also clearly stipulated that as long as some drivers try to get away with drinking alcohol on the spot, they should also be opened for investigation as long as they meet the standard of driving a motor vehicle while intoxicated.

Because of the dependence on May 1, 2017, the implementation of bai

In the third paragraph of Article 1 of the Guiding Opinions on Sentencing for Common Crimes (II) (Trial) issued by the Supreme People's Court, "for drivers who drive a motor vehicle while intoxicated, if the circumstances at this time are significantly minor and the harm is not great, then no conviction and punishment shall be given; If the circumstances of the crime are minor and do not require a criminal penalty, the driver can also be exempted from criminal punishment" That is, from May 1, 2017, even if the driver has drunk driving, then it may not be found to constitute a crime or not be criminally punished.

Therefore, drunk driving can be exempted from criminal liability.

However, it is recommended not to drive after drinking, and not to drink while driving, which is responsible for your own safety and the safety of others.

Finally, I wish you happiness and all the best!

Drunk driving is now a crime! It is impossible to be exempt from criminal responsibility!

No serious accident or person**, just driving while intoxicated can be exempt from criminal liability.

Driving while drunk is a crime, and an accident is not exempt from criminal liability.

The Supreme People's Court's Sentencing Guiding Opinions on Common Crimes (2) (Provisional) 1 and 8 common crimes are not included in the sentencing.

1) Dangerous driving.

1.Where the crime of dangerous driving is constituted, the starting sentence may be determined within the range of 1 month to 2 months of short-term detention.

2.On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of dangerous driving conduct and other facts of the crime that impact the establishment of the crime.

3.For defendants driving a motor vehicle while intoxicated, circumstances such as the defendant's degree of intoxication, the type of motor vehicle, the road on which the vehicle is traveling, the speed at which the vehicle is traveling, whether actual harm was caused, and admission of guilt and remorse shall be comprehensively considered, and the verdict and sentencing shall be accurately determined. where the circumstances are obviously minor and the harm is not great, they are not to be convicted and punished; Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived.

If the circumstances of drunk driving are minor or the statute of limitations has expired, the case can be withdrawn or not prosecuted, and criminal liability can be exempted. Where the circumstances of the crime are minor and it is necessary to give a criminal punishment or a waiver of criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

[Legal basis: Kaizen].Article 16 of the Criminal Procedure Law.

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Handling the crime of defending Sun Dai in accordance with the Criminal Law, and not making a complaint or withdrawing the accusation;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

If a drunk driver meets the following conditions, the people's procuratorate may make a decision not to prosecute, and the people's court may declare a person not guilty when the facts are unclear and the evidence is insufficient; Where the circumstances of the crime are minor, the people's court may not give a criminal punishment or waive the criminal punishment in accordance with the relevant provisions of the Criminal Law. Article 16 of the Criminal Procedure Law of the People's Republic of China stipulates that in any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; 3) Punishment is waived by a special amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; 5) The criminal suspect or defendant is deceased; 6) Other laws provide for exemption from criminal responsibility.

Article 177 also stipulates that if a criminal suspect has no facts of the crime, or has any of the circumstances provided for in Article 16 of this Law, the People's Procuratorate shall make a decision not to prosecute Yinli. Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

Legal basis. Article 16 of the Criminal Procedure Law of the People's Republic of China: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; 3) Punishment is waived by a special amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; 5) The criminal suspect or defendant is deceased; 6) Other laws provide for exemption from criminal responsibility.

Article 170 of the Criminal Procedure Law of the People's Republic of China: Where a criminal suspect has no facts of a crime, or has any of the circumstances provided for in article 16 of this law, the people's procuratorate shall make a decision not to prosecute. Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the blocking branch shall at the same time release the sealing, seizure, or freezing of property that was sealed, seized, or frozen during the investigation.

Where it is necessary to give administrative punishment or sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling. The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.

Legal analysis: Yes, but only if the statutory conditions are met. According to the provisions of the "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes (II)", where the circumstances are obviously minor and the harm is not great, it is not to be convicted and punished; Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived.

Legal basis: "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, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; It is not allowed to re-obtain a motor vehicle driver's license within ten years, and after re-obtaining a motor vehicle driver's license, it is not allowed to drive a motor vehicle that operates a Xunsun boring car.

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.