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Driving behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml. Drunk driving is generally divided into drunk driving and drunk driving.
1. According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522 - Test for Drunk Driving 2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine of the People's Republic of China, the regulations point out:
Drinking and driving refers to the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.
2. According to Article 91 of the Traffic Safety Law:
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.
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The blood alcohol content of the driver of the vehicle is greater than or equal to 80mg 100ml (for drunk driving.
The accepted method of calculating alcohol content is: alcohol volume (g) = alcohol consumption (ml) alcohol content % (v v). The alcohol concentration in the blood is calculated as:
Blood alcohol concentration (g 1000ml, i.e. %0) = amount of alcohol drunk (g) (drinker weight (kg) coefficient r).
Wherein: the coefficient r is generally taken. Taking a man weighing 60kg as an example, under normal circumstances, if you drink 25-100ml of 42-degree liquor, 30-125ml of 35-degree health wine, 90-360ml of wine, and 280-1000ml of beer, it is a drinking and driving; If you drink more than the above amounts, you will be driving while intoxicated.
For drunk drivers, a fine of 2,000 yuan, 12 demerit points, suspension of driver's license for 3 to 6 months, and 15 days of detention will be punished.
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Legal analysis: According to the relevant laws and regulations, a blood alcohol content of 20-80mg 100ml is considered to be drunk driving. Blood levels higher than 80mg 100ml are considered drunk driving. And the amount of alcohol in the blood.
Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 91 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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Usually what we call drunk driving is generally divided into drunk driving and drunk driving, so how much alcohol is drunk driving? How much is drunk driving? According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522 - Test for Drunk Driving 2004) issued by the State Administration of Quality Supervision, Inspection and Quarantine, the regulations point out:
Drinking and driving refers to the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Drunk driving refers to the driving behavior of the driver of the vehicle with an alcohol content greater than or equal to 80mg 100ml in the blood bend of the vehicle.
The Road Traffic Safety Law has new provisions on drunk driving, and those who drive a motor vehicle after drinking alcohol shall be subject to a temporary suspension of 6 months of motor vehicle driver's license and a fine of 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 between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked. 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 motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall not be re-obtained within 5 years.
According to Article 91 of the Traffic Safety Law, 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.
So what kind of punishment will military personnel receive if they drink and drive? The General Staff Headquarters issued a circular calling for strengthening the safety management of military vehicles, resolutely preventing and correcting the problem of drunk driving, and safeguarding the discipline and image of the army. The circular requires strict management of the army, the elimination of drunk driving of soldiers, the suspension of driver's licenses for 6 months, and the conduct of centralized training, drunk driving, all revocation of driver's licenses, transfer from the driver's post, and give severe disciplinary punishment; If drunk driving causes fatal accidents or serious consequences, legal responsibility shall be pursued in accordance with the law, and the responsibility of the unit leaders shall be investigated; Circulars were issued to criticize units with conspicuous traffic violations of military vehicles, and rectification was made within a time limit.
All garrison headquarters should intensify the inspection and picketing of military vehicles going out and concentrate on launching a special operation to rectify the illegal behavior of drunk driving.
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[Legal Analysis].According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" issued and implemented by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, the driving behavior of a vehicle driver whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml is drunk driving; Driving with an alcohol content greater than or equal to 80mg 100ml is drunk driving. In a nutshell, the criteria for determining drunk driving can be summarized as follows:
If it is less than that, it does not belong to drinking; If it is greater than or less, it is drunk driving; If it is greater than that, it is drunk driving.
[Legal basis].Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident that causes 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 of a person of a fictitious or ethnic group; 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.
Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:
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.
Whoever uses violence against the driver of a moving public transport vehicle or grabs control of the driving control device, interfering with the normal and poor driving 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 the conduct in the preceding two paragraphs constitutes another crime when in the same regimental state, it is to be convicted and punished in accordance with the provisions for the heavier punishment.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Drinking and driving if the alcohol content reaches 20mg 100ml but is less than 80mg 100ml.
Drunk driving is considered if the alcohol content reaches or exceeds 80mg 100ml. Currently, driving under the influence of alcohol is an offence, and driving while intoxicated is a crime.
Drunk Driving Penalty Standards:
1. Driving a motor vehicle after drinking: 12 points will be degraded, the motor vehicle will be temporarily detained for 6 months, and a fine of between 1,000 yuan and 2,000 yuan will be imposed: A1 license will receive additional driving after 5 years, and A2 and B1 licenses will receive additional driving after 3 years.
2. Driving a motor vehicle after drinking alcohol again: Detention for up to 10 days, a fine of between 1,000 and 2,000 yuan, revocation of the driver's license, no driver's license within two years, and no additional A or B license within 10 years.
3. Drinking and driving a commercial car: 15 days of detention, a fine of 5,000 yuan, revocation of the driver's license, 5 years shall not be collected in the slag beam, and 10 years shall not be allowed to increase the driving A and B licenses.
4. If a major traffic accident occurs while driving while drinking, it will be banned from driving for life, and 12 points will be degraded if you drink and drive, and you will lose your original qualification for the highest permitted driving type, and you will be re-studied and tested. Once the driver's license is revoked, the A and B licenses are not allowed for 10 years.
5. If a person drives a motor vehicle while intoxicated, the driver's license of the motor vehicle shall be revoked, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall not be obtained within 5 years.
6. If you drive a commercial vehicle while intoxicated, your motor vehicle driver's license shall be revoked, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall not be re-issued within 10 years. After re-obtaining a motor vehicle driver's license, you are not allowed to drive a commercial motor vehicle. Sales: Trucks, tractors, medium-sized buses, and large trucks are not allowed to drive cars.
If the driver's license is revoked in accordance with the law for driving a commercial motor vehicle after drinking alcohol or driving a motor vehicle while intoxicated, it shall not be re-applied for within 5 years, and if the driver's license is revoked in accordance with the law due to the drunken driving of a commercial motor vehicle in Liangshan, it shall not be re-applied for within 10 years. It should be reminded that if a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, it constitutes a crime, and you are not allowed to apply for a driver's license for life. <>
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