Why is drunk driving criminalized? What problems can be avoided?

Of course, refusing drunk driving can avoid many traffic accidents, bring a civilized and safe traffic to our country, and also avoid being subject to administrative punishment.

1. How to punish drunk driving?

Many drunk driving people are irresponsible, and most people have a fluke mentality, they don't know what the specific consequences of drunk driving are. First of all, if you drink and drive a motor vehicle in China, you will be deducted from your driver's license for six months and fined 1,000 to 2,000 yuan. If it is drunk driving, that is, if the body contains too much alcohol, it will be directly restrained by the public security organ until it sobers up, and the individual's driver's license will be revoked, and the driver's license will not be re-applied for for within five years.

What's more, if it is an operational vehicle, the driver's license will be revoked and a fine of 5,000 yuan will be imposed, and the motor vehicle driver's license shall not be re-obtained within ten years, and the motor vehicle driver's license shall not be allowed to operate the motor vehicle after obtaining the motor vehicle driver's license. If a major accident occurs while drunk driving, criminal responsibility shall be directly investigated, and a motor vehicle driver's license shall not be obtained for life.

2. Are drunk drivers punished?

So is drunk driving all criminalized? In fact, no, if the situation is slight, it can be dealt with as appropriate, first of all, if it is just drunk and moved the car, the state will not be directly punished, in addition to drunk driving in the unit infield or public parking lot There is no traffic accident, and the harm caused is not large, and it will not be convicted and punished, and if you are driving an electric motorcycle, that is, meat-wrapped iron, driving on a rural road without causing injury will not be punished, but although it is said that the law is not punished, We still have to pay attention to our own personal safety, and the best situation is not to drive drunk.

3. Is it necessary to criminalize drunk driving?

Personally, I think it is completely necessary for drunk driving to be included in the criminal law, because drunk driving is harmful to others and oneself, and the consequences are unimaginable once it occurs. In the past, our country had banned drunk driving through legal publicity and other means, but the effect was not very ideal, this time the drunk driving punishment was directly criminalized, which played a great deterrent role, and the number of drunk drivers has obviously decreased, which shows that it is still necessary.

Drunk driving has become one of the most important factors endangering public safety, and the direct consequences of drunk driving are death, disability, increased medical expenditures, family fragmentation, destruction of property, and many other social problems that follow. The best way to solve this practical contradiction is to legislate the allocation of social resources, so that people and vehicles can use road resources in a reasonable, safe and efficient manner under legal norms.

Many drunk driving people, most of them have a fluke mentality, they don't know what the specific consequences of drunk driving are. Moreover, the safety factor of drunk driving is zero, and it will also cause harm to many innocent people. If drunk driving is criminalized, it can prevent many people from having a fluke of drunk driving.

Because drunk driving has a zero safety factor, it can also cause harm to innocent people. If you are sentenced, you can avoid many people's thoughts of drunk driving, because the cost is high, which can ensure the safety of pedestrians to a certain extent.

Since the implementation of the Criminal Law Amendment (VIII) in 2011, the crime of dangerous driving has been officially criminalized. Because there are countless cases of drunk driving, legislators want to be able to stop drunk drivers by harsh penalties. Although the promulgation of the law cannot prevent the occurrence of drunk driving, it will definitely play a certain role, which can avoid more people's luck psychology and reduce the probability of drunk driving.

Drunk driving will not only bring serious personal and property threats to oneself but also others, and will also greatly damage social and public order. Criminalizing drunk driving can effectively reduce the occurrence of this phenomenon.

Legal Analysis: Drunk driving has been criminalized.

Basis of the law: 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 harassing birds and racing, and 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 two earlier paragraphs, and other crimes are constituted at the same time, follow the provisions for the heavier punishment at trial and sentencing.

1. The Road Traffic Safety Law stipulates.

1) Drinking and driving a motor vehicle, a fine of 1,000 yuan to 2,000 yuan, 12 points and a temporary suspension of the driver's license for 6 months;

2) Driving a motor vehicle under the influence of alcohol, a fine of 5,000 yuan, 12 demerit points, detention of up to 15 days, and not to re-obtain a driver's license for 5 years;

3) Driving a motor vehicle while intoxicated, having their driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to short-term detention and a fine after a judgment;

4) Driving a commercial motor vehicle while intoxicated, having their driver's license revoked, not being allowed to re-obtain a driver's license for 10 years, and not being allowed to drive a commercial vehicle for life, and being 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 shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, 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 license of driving 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.

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.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security department shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with the 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.

The difference between drunk driving and drunk driving.

The so-called drinking and driving refers to the driving behavior of the driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml. The so-called drunk driving refers to the driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml.

2. The Criminal Code provides:

Article 133-1 (Crime of Dangerous Driving) Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine.

Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: As long as the driver of a motor vehicle is drunk and driving, he will be punished, and he will be sentenced to criminal detention and a fine. Among them, if the driver of the Nasun motor vehicle has the conduct of driving while intoxicated, and at the same time constitutes other crimes, the people's court will convict and punish in accordance with the provisions of the heavier punishment.

Legal basis: The first paragraph of Article 133-1 of the Criminal Law of the People's Republic of China stipulates that 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, and 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.

The act of drunk driving does not necessarily constitute a crime, it depends on the circumstances, and the Road Traffic Safety Law has a special determination of the degree of drunkenness, and based on this, it is then determined whether it constitutes the crime of drunk driving.