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For a long time, it was no more than six months from the time of the Cong incident to the conclusion of the case.
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Legal analysis: Generally, drunk driving cases can be closed within one month, and the driver's certificate will be revoked if there is no accident, and the driver's certificate will not be re-taken within five years, but if a traffic accident is caused by drunk driving guide Heng Sui, the perpetrator will bear the corresponding criminal responsibility.
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.
Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober 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. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. 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 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.
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It generally takes four to five months to close a drunk driving case, but this time is not fixed, and the specific time should be determined according to the progress of the case. Drunk driving is a criminal case that needs to go through three stages: filing and investigation, review for prosecution, and trial and judgment.
Article 133 of the Criminal Law Whoever drives a motor vehicle on the road without one of the following circumstances shall be sentenced to short-term detention and shall also be fined: 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. 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 simultaneously constitutes other crimes, follow the provisions for the heavier punishment at conviction and punishment.
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The case shall be concluded within three months from the time the case is filed. In the ordinary procedure, the case is closed within six months, and the normal investigation time is 2 months, but if there are special circumstances that can be extended, the maximum period of investigation and detention is 7 months, and after the investigation is completed, it is submitted to the procuratorate, and the procuratorate generally reviews and prosecutes the case within one month. According to the relevant regulations, 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 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.
Drunk driving does not prosecute the closing process:
1. Announcement and service of the decision not to prosecute. In accordance with the provisions of the Criminal Procedure Law, the decision not to prosecute shall be publicly announced, and at the same time, the decision not to prosecute shall be sent to the following organs and personnel for remaking Xiaoda:
1) The person not being prosecuted and his employer. If the person not being prosecuted is in custody, he shall be released immediately.
2) In cases transferred for prosecution by the public security organs, a written decision not to prosecute shall be sent to the public security organs.
3) In cases where there are victims, the decision not to prosecute shall be sent to the victims.
2. Release seizure and freezing. The seizure and freezing of a criminal suspect's property during the investigation is a compulsory investigative measure, the purpose of which is to prevent the criminal suspect from transferring his property and to ensure the enforcement of the judgment. After the people's procuratorate makes a decision not to prosecute the case, it terminates the criminal proceedings, and shall at the same time release the seizure or freezing of property seized or frozen during the investigation.
The people's procuratorate shall notify the public security organ or the organ implementing the public security organ's decision to lift the seizure or freezing, either orally or in writing, of a seizure or freezing made by a public security organ.
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