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Now that drunk driving has been included in the criminal law, those who are found to be drunk driving will be fined, have their driver's license revoked, and will not be allowed to re-obtain a driver's license for 5 years, and will be investigated for criminal responsibility.
According to Article 133 of the Criminal Law, a person who drives a motor vehicle while intoxicated shall be sentenced to short-term detention and a fine. Where drunk driving causes serious injury or death to a person, or causes major losses to public or private property, a sentence of up to 3 years imprisonment or short-term detention is to be given; Whoever escapes after causing an accident shall be sentenced to fixed-term imprisonment of 3-7 years; Anyone who causes death in a hit-and-run accident shall be sentenced to fixed-term imprisonment of 7 to 15 years.
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Friend, I'll tell you briefly! If the driver of the motor vehicle is driving an ordinary motor vehicle, he needs to accept the following penalties: 1. It needs to be restrained by the traffic management department of the public security organ until he sobers up; 2. The motor vehicle driver's license will be revoked, and the motor vehicle driver's license shall not be re-obtained within 5 years; 3. You will be detained and fined at the same time.
If the driver of the motor vehicle is driving a commercial motor vehicle, he needs to accept the following penalties: 1. He needs to be restrained by the traffic management department of the public security organ until he sobers up; 2. The motor vehicle driver's license will be revoked, and the motor vehicle driver's license shall not be re-obtained within 10 years; After obtaining a motor vehicle driving licence again, you are no longer allowed to drive a commercial motor vehicle; 3. You will be detained and fined at the same time.
It should be noted that if the driver of a motor vehicle drives a motor vehicle while intoxicated, causing a major traffic accident and constituting a crime, the traffic management department of the public security organ needs to revoke his motor vehicle driver's license, and he cannot re-obtain the motor vehicle driver's license for life, and at the same time, he also needs to bear the corresponding criminal responsibility in accordance with the law.
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If the blood of a drunk driver reaches 120 ml, a drunk driver will be deducted 12 points, the driver's license will be revoked, and the person will be detained for 15 days.
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Drunk driving is more than 80 ml, if the blood test exceeds 120 ml, the driver's license will be cancelled and criminal liability will be seriously investigated.
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The punishment for drunk driving is to revoke the driver's license, not to obtain a driver's license for five years, and to be sentenced to 6 months' detention.
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Legal analysis: If the drunk driving alcohol content reaches 120 or more, he has been suspected of the crime of dangerous driving, and shall be sentenced to criminal detention for up to six months in accordance with regulations. Driving a motor vehicle under the influence of alcohol with an alcohol content of 80 or more constitutes the offence of dangerous driving and is punishable by imprisonment.
Legal basis: 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.
Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to 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.
Article 133-2 Whoever uses violence against the driver of a moving public transport vehicle or preempts control of the driving control device, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished 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.
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If the driver's blood alcohol content is 120 per 100 liters, it is drunk driving, and the crime of dangerous driving is involved, and shall be sentenced to short-term detention for up to six months and a fine in accordance with regulations, and the driver's license shall be revoked, and it shall not be re-obtained within five years.
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 all or most of the accident to cause a traffic accident, or escaping after causing a traffic accident, and not constituting other crimes:
2. Blood alcohol content of 200 grams or more than 100 liters
3. Driving on highways and urban expressways
4. Driving a commercial motor vehicle with passengers:
5. Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overcutting or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates, etc
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 situations where the cover of the mu can be severely punished.
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.
[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. 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 driver's license of the motor vehicle, and pursue 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 pursued 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.
1. Provisions of the Road Traffic Safety Law.
Drunk driving: driving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be deducted and the driver's license will be suspended for 6 months; Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years. >>>More
Driving behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml. >>>More
Whether or not drunk driving counts as drunk driving is determined by the concentration of alcohol in the blood. >>>More
Whether or not drunk driving counts as drunk driving is determined by the concentration of alcohol in the blood. >>>More
Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.