After drinking, helping a friend move the car 11 meters, is it drunk driving? How to interpret this

Wang's act of helping a friend move his car after drinking is drunk driving. According to Article 133 of China's Criminal Law, although Wang's drunk driving did not cause serious consequences, Wang drove on the road while intoxicated, and there was a potential danger of harm. The determination of dangerous driving and drunkenness is not based on the occurrence of consequences as a constitutive element of the crime, but on the occurrence of the conduct as the sentencing standard.

Therefore, Wang's behavior can be convicted according to drunk driving.

Wang knew that he couldn't drive on the road after drinking, so he asked his friend Ren to drive him home. However, Ren's driving skills are not proficient, and he can't drive the car out of the parking space several times in a row. When Wang saw this situation, he took matters into his own hands, moved the car out of the parking space, and drove the car onto the road for 11 meters.

When Wang was about to hand over the car to Ren to drive, the police on duty arrested Wang. The police conducted a blood test on Wang, and the ethanol content in the blood reached the standard for drunk driving, and Wang was prosecuted for dangerous driving and drunk.

The court relied on relevant evidence to prove that Wang was drunk at the time, and his behavior had constituted the crime of dangerous driving. Many people don't understand why Wang just helped his friend move 11 meters, which did not cause serious consequences, why did he become a drunk driver. Although in this case, Wang's driving speed was only 11 meters, and the driving speed was also slow, so there was no risk of drunk driving.

And Wang was subjectively not ready to drive on the road, but only helped his friend move the car out of the parking space. However, from an objective point of view, Wang's behavior already belongs to drunk driving, which is in line with the provisions of China's Criminal Law on dangerous driving and drunkenness. At the same time, Wang also knew the dangers of drunk driving, but still carried out this dangerous behavior.

Therefore, the court held that Wang had the subjective intention to drive dangerously.

China's law stipulates that the crime of dangerous driving constituted by drunk driving is a crime of conduct. Wang's drunken driving on the road is dangerous, and there is no need to see whether his actions have caused serious consequences. His actions met the conditions for the establishment of the crime of dangerous driving, and the court imposed a series of penalties on him.

After drinking, helping a friend move the car 11 meters, is it drunk driving? How to interpret this matter from a legal perspective?

Recently, after drinking, he helped others move the motor vehicle out of his position, and was caught by the traffic police. When this situation recurs, do you think that the threshold for drunk driving penalties has been lowered? The author believes that looking at the punishment results of similar cases, it should be said that the court's awareness of the punishment of drunk driving is improving.

In recent years, various provinces have successively issued some local regulations to improve and supplement the identification of drunk driving.

Those who start the car in the car and turn on the air conditioner to sleep after drinking are characterized as drunk driving, those who ride an electric vehicle while drunk have their motor vehicle driver's license revoked, and those who move the car in the community after drinking are sentenced to criminal detention. Even, Hainan drunk riding a bicycle will be punished. Drunk driving penalties can be described as chaotic.

The arbitrariness and blindness of law enforcement have become very prominent. About 300,000 people are convicted of drunk driving every year. This is the other largest group of criminals after theft.

Reality tells us that as long as you drink and drive a vehicle, you have to be punished. China's 5,000-year-old history of wine culture has evolved from workshop brewing to mass production, from family dining tables to social entertainment. Wine has become an indispensable embellishment in the lives of the people.

Look at the streets and alleys, there are many restaurants, and these restaurants and hotels have become hotbeds for drunk driving. When night falls, about 700,000 substitute drivers across the country smell the alcohol and move (there are as many as 500,000 e-driver registered drivers alone), and they rush to the large and small hotels along the street, waiting for the drivers who are unwilling to take risks after drinking.

It should be said that in the ten years since drunk driving was criminalized, most people still have a strong awareness of drunk driving. It's just that the luck psychology of drunkenness is a problem, and drunk driving can't be left to chance, and there is no luck. Because, many places have tasks for investigating and dealing with drunk driving.

There are drunk driving checks on country lanes, drunk driving checks at elevated exits, squatting guards at the door of hotels, and even more police stations participating in the investigation and punishment of drunk driving. Because drunk driving is everywhere. Below, let's talk about the consequences of drunk driving, once investigated.

The revocation of a driver's license is a trivial matter, and one after another, civil servants are dismissed from public office, criminalized, and retirees have to cancel their retirement benefits. And then the three generations of political trials and so on and so forth. A glass of wine is not alarmist.

Although there is no subjective malice in drinking, the harm that drunk driving brings to society should not be underestimated. Automakers are advised to develop a drunk car that can't be started or driven as soon as possible, and the car is sure to be selling well. Not only can it eliminate drunk driving, but the resources saved to the society are also immeasurable.

That's all for later. Don't drink while driving, don't drive when you drink, can't just be used as a slogan, only when it is put in place, can you put an end to drunk driving crimes. The above are some of the author's superficial understanding of drunk driving, welcome to enter the discussion area to express opinions and talk about drunk driving.

Yes, as long as you drive the car after drinking, it is drunk driving and it is also illegal.

As long as the perpetrator drives a motor vehicle while intoxicated on the road, it is dangerous as simulated by law, and meets the objective elements of the crime of dangerous driving. The first paragraph of Article 133-1 of the Criminal Law stipulates that "whoever drives a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a concurrent fine". According to this provision, the crime of dangerous driving is a typical act offense, and the occurrence of specific harmful consequences is not a constitutive element, as long as the perpetrator commits the act of driving a motor vehicle while intoxicated on the road, it is presumed that he has an imminent (high) danger of the harmful result.

Therefore, it is difficult to establish that drunk driving is not dangerous on the grounds that the driving distance is shorter and the speed is slower.

After drinking, helping a friend move a car for 11 meters, as long as the perpetrator drives a motor vehicle while drunk on the road, it is dangerous as simulated by law, and meets the objective elements of the crime of dangerous driving.

Criminal responsibility may not be pursued for acts such as drunkenness in squares, public parking lots, public places, or moving parking spaces, where the circumstances are minor. Where the circumstances of a drunk driving case are minor or significantly minor, the following six situations are mainly involved:

1. Moving the parking space, the defendant of this type did not drive the vehicle on the road, but moved the parking space;

2. Treating patients, this type of defendant drove drunk in order to send a sick family member to the hospital emergency department, or rushed to the hospital and accompanied the family member to the emergency department, and no traffic accident occurred;

3. Sleeping and resting type, where the defendant voluntarily gives up drunk driving after driving a certain distance and pulls over to sleep;

4. Interval drunk driving type, after drinking alcohol, the defendant of this type parks the car in front of the hotel, and returns to the hotel to pick up the car to drive at intervals of several hours or overnight, but the blood alcohol content still meets the standard for drunk driving;

5. The type that has not yet driven out, the defendant of this type is seized when he is on the road and is about to drive out before he has yet to drive out;

6. Rear-end collision type by drunk driving, the defendant of this type has a low blood alcohol content, and although a traffic accident occurred, the other party was also drunk driving and was fully responsible for the accident.

Legal basis] Road Traffic Safety Law of the People's Republic of China

Article 119:The meanings of the following terms in this Law:

1) "Road" refers to highways, urban roads, and places that are within the jurisdiction of the unit but allow social motor vehicles to pass, including squares, public parking lots, and other places used for public traffic.

2) "Vehicle" means motor vehicle and non-motor vehicle.

3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.

4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the top speed, empty mass, and external dimensions of the relevant national standards.

5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road.

Moving a car under the influence of alcohol is considered drunk driving. According to the provisions on drunk driving in the relevant law, moving a car under the influence of alcohol does not count as drunk driving and does not constitute a crime. Because moving a car under the influence of alcohol is only an exercise within the scope of a parking space, it cannot be regarded as driving on the road, let alone a violation of traffic laws, so moving a car under the influence of alcohol cannot be regarded as drunk driving.

However, if the perpetrator has opened a distance, it may be constituted, and if not, it should also bear the corresponding administrative responsibility. Anyone who drives a 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 within 5 years. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.

Anyone who drives a motor vehicle under the influence of 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 under the influence of alcohol 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.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China.

Dangerous Driving] 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;

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.

According to the relevant provisions of Article 133 of the Criminal Law of the People's Republic of China, a person who drives a motor vehicle while drunk on Dao Gai Nian Road shall be detained and fined, so as long as he drinks alcohol, he must not drive, even if he moves the car.

The crime of dangerous driving is judged according to our specific circumstances, as long as the relevant person commits the act of driving a motor vehicle drunk on the road, it will be presumed that he has the risk of harmful results, so he will never claim drunk driving on the grounds of short driving distance and slow speed, and there is no excuse to escape the corresponding legal punishment without any danger, so in life we always see that the purpose of many people driving a car may only be to move the car to the parking space and then let other people drive, However, objectively there is an act of driving a motor vehicle under the influence of alcohol, so it meets the objective conditions for the crime of dangerous driving.

Because buried in life, each of us can not drive after drinking, even if it is to move the car, because this short distance of 11m directly leads to themselves being fined or directly detained for drunk driving after driving, we must not know that we have drunk, but mistakenly think that they have good driving skills after drinking, and will not happen, and choose to drive on the road by themselves, this situation is very dangerous, not to mention that this dangerous state is ignored because of moving the car, From the perspective of objective conditions, this kind of behavior itself has the subjective intention of dangerous driving, and you must pay the corresponding price for your behavior.

In life, each of us must have a clear understanding that we must never drive on the road after drinking, and we must not start the vehicle, even if we move the car, because this short distance of 11m may cause us to be revoked or directly punished by the law for this reason, which is very loss-making.

Constitutes the offence of dangerous driving. As long as it is drunk driving, it is illegal. Driver friends must remember.

This kind of arrogance has already constituted the crime of dangerous driving, and it is also easy to have an accident in the process of moving the car, and this kind of behavior has already constituted a crime.

That should be, because it's very dangerous, and you don't know what you're doing, because you're not conscious.

Don't drink while driving, don't drink and don't drive, this is the rule that everyone knows, but there are many people who hold a fluke psychology that they are not drunk, even if they drink the car, it doesn't matter much, often this mentality will pay a lesson in blood, a man helps a friend move the car 11 meters after drinking, and in the end the man was convicted of dangerous driving, as long as he is stained with a little alcohol, don't drive, so that only Yanchang will put himself in a dangerous environment, everyone must improve Chunlu's own driving safety awareness, to prevent all accidents。

One night Wang drank with a group of his friends, because Wang drank a lot of wine, he wanted his friend Ren to send him home, but Ren's driving skills were not very good, and he rubbed several times in a row, and failed to drive the car out of the parking space, after Wang saw this, he moved the car from the parking space to the road for about 11 meters, ready for an outing, when he was driving, he was seized by the police on duty on the spot, and when the police tested Wang's alcohol, he found that the alcohol content exceeded the standard, so he was drunk driving.

The court also heard the matter, believing that Wang drove a motor vehicle on the road after being drunk, and his behavior had constituted the crime of dangerous driving, but considering that Wang had a good attitude in admitting guilt and had a low degree of harm to society, he was finally exempted from criminal punishment, and this incident also sounded the alarm for everyone.

Once a person drinks, the consciousness of the whole brain will be more blurred, and the ability to judge and operate will decline, and even many people will use the accelerator as a brake to step on, and when driving, it is easy to do what they usually dare not do, often speeding, and the probability of accidents is higher, so we must remember not to drink and drive, the driver a drop of alcohol, relatives two lines of tears, there are countless people have paid a heavy price, we put an end to drunk driving, which is responsible for their own life safety.