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Drunk driving standard: alcohol content greater than 20mg 100ml less than 80mg 100ml;
Drunk driving standard: Driving with an alcohol content equal to or higher than 80mg 100ml is drunk driving.
You're drunk driving, it's a bit serious.
Legal basis] Article 91 of the Road Traffic Safety Law Whoever 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, 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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As long as it is drunk driving, regardless of whether there is an accident or not, it must be sentenced according to law.
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If the blood alcohol content is 170 mg and 100 ml, it is drunk driving, and if there is no accident, the minor circumstances can be sentenced to fixed-term imprisonment of not more than three years or criminal detention. if the circumstances are serious, the sentence may be between three and seven years imprisonment; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Whoever, on the basis of Article 133 of the Criminal Law of the People's Republic of China, violates traffic and transportation management regulations, resulting in a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall 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.
Judicial Interpretation on Drunk Driving.
Article 1 of the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated Driving a Motor Vehicle is to be convicted of the crime of dangerous driving and punished as late knowing that driving a motor vehicle on the road with a blood alcohol content of 80 mg or more is 100 ml or more. The relevant provisions of the Road Traffic Safety Law shall apply to the "road" and "motor vehicle" specified in the former Liang Consumption Section.
Article 2: In any of the following circumstances, driving a motor vehicle while intoxicated shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law:
1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;
2) Blood alcohol content of 200 mg or more than 100 ml;
3) Driving on highways or urban expressways;
4) Driving a commercial motor vehicle carrying passengers;
5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;
6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;
7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;
8) Other circumstances that may be given a heavier punishment.
The above content refers to the Supreme People's Procuratorate of China - Criminal Law of the People's Republic of China.
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1. How long is the sentence if the alcohol content is 188?
Criteria for determining drunk driving: Alcohol content greater than (equal to) 80 mg per 100 milliliters of blood is drunk driving. According to the national "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", a driver with a blood alcohol content of 20-80 mg in 100 ml is a drunk driver, and more than 80 mg is found to be drunk driving Article 133 [Traffic Accident Crime] Anyone who drives a motor vehicle while drunk on the road shall be sentenced to criminal detention and a fine.
The statutory sentence for drunk driving is within six months, and if the circumstances are not serious and there is no major traffic accident, it may be about 3 months.
1. If you have a criminal record before, how long will the battery car be sentenced now?
Hello, the sentence for theft: if it is more than 1,000 yuan but less than 2,500 yuan, it shall be subject to controlled release, criminal detention, fixed-term imprisonment of six months or a fine; where 2,500 RMB is but less than 4,000 RMB, a sentence of six months to one year imprisonment is to be given; where between 4,000 and 7,000 RMB is to be sentenced to 1 to 2 years imprisonment; where 7,000 yuan is but less than 10,000 yuan, a sentence of two to three years imprisonment is to be given.
2. How much is the salary after deducting 188 taxes.
The calculation formula for calculating the individual income tax on employees' wages in 2017 is: tax payable = (salary income fictitious branch reform - "five insurances and one housing fund" - deduction) The applicable tax rate - quick deduction of the individual tax threshold is 3500, and the calculation method of using the excess progressive tax rate difference is as follows: tax payment = taxable income for the whole month * tax rate - quick deduction of actual wages = payable wages - four golds - taxable income of the whole month = (payable wages - four golds) - 3500 deduction standard:
If a person's salary income is 5,000 yuan, he should pay personal income tax as follows: (5,000-3,500) 3%-0=45 (yuan). 3. 2017 employee salary tax rate table 2017 employees implement 7 levels of excess progressive individual income tax rate table payable individual income tax amount = taxable income applicable tax rate - quick deduction deduction standard of 3,500 yuan per month (officially implemented from September 1, 2011) (applicable to wage and salary income).
3. I drive with an alcohol content of 114, if I will be sentenced for how long.
driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment. If no serious consequences occur, the punishment is just that.
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