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Release on guarantee pending further investigation is only a criminal compulsory measure, and driving while intoxicated already constitutes the crime of dangerous driving, and a sentence is necessary, and a conviction and sentence shall be given in accordance with article 133 of the Criminal Law, and short-term detention (between one month and six months) shall be given. Drunk driving is punishable by physical punishment, so jail time is required.
Criminal Law: Article 133 [Traffic Accident Crime; Dangerous driving] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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.
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Application treasure, bowl pod) team riding self-driving map: anti-collision weapon.
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1. Do you have to go to jail if you hit and injure someone while driving drunk?
1. If a drunk driver hits and injures a person, and the injury reaches more than serious injury and the driver bears the main or full responsibility, criminal responsibility shall be investigated and may be sentenced. If the above standards are not met, it is a traffic accident and will face the revocation of the driver's license, detention and civil liability.
2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.
Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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.
2. What is the standard for the punishment of drunk driving and injuring people?
1. 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 the motor vehicle driver's license shall not be re-obtained within five years after being investigated for criminal responsibility in accordance with the law.
2. Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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. Whoever escapes after causing a traffic accident or has other especially heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years = where the person dies as a result of the escape, he shall be sentenced to fixed-term imprisonment of not less than seven years. Driving a motor vehicle while intoxicated in any of the following circumstances shall be given a heavier punishment:
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 and 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 been subject to administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;
8) Other circumstances that may be punished heavily.
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Depending on the severity of the injury, serious injury or death may be punished. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.
According to Article 133 of the Criminal Law of the People's Republic of China, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 years imprisonment is to be given; Whoever causes death as a result of escaping shall be sentenced to fixed-term imprisonment of not less than 7 years. Celery.
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If the driver of a motor vehicle is drunk and drives a motor vehicle, and a traffic accident occurs, causing serious injuries to more than three people, the crime of causing a traffic accident is constituted and needs to be imprisoned. Where the perpetrator constitutes the crime of causing a traffic accident, he is to be sentenced to up to three years imprisonment or short-term detention.
[Legal basis].Article 133 of the Criminal Law.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to 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.
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If a drunk driver hits and injures a person, and the injury is more than serious and the driver bears primary or full responsibility, it constitutes a crime and may be imprisoned. According to the provisions of China's judicial interpretations, if a person is seriously injured in a traffic accident caused by driving a motor vehicle while intoxicated, he shall bear full or primary responsibility for the accident, and shall be convicted and punished as the crime of causing a traffic accident, and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
[Legal basis].
Article 133 of the Criminal Law of the People's Republic of China.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to 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.
Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking alcohol or taking drugs.
Analysis of the law: The crime of causing a traffic accident refers to a criminal act that violates road traffic management laws and regulations, causes serious injury or death, or causes major losses to public or private property, and is investigated for criminal responsibility in accordance with the law. Drunk driving a motor vehicle is caused by a reed. >>>More
The crime of traffic accident refers to the criminal act of violating road traffic management regulations, causing serious injury or death, or causing major losses to public or private property, and being investigated for criminal responsibility in accordance with the law. If it constitutes a crime of causing an accident, it must be detained and sentenced, if it is injured in a situation where you are very normal in all aspects, it will not constitute a traffic accident, since it is not a crime, it will naturally not detain you, it is just a traffic accident, and you can give compensation and forgiveness according to the responsibility divided by the traffic police. Something like this、It is recommended that everything go through the normal procedure.
Drunk drivers shall be detained until the punishment for the driver's illegal acts is completed. >>>More
Waiting for trial, bail pending trial, as the name suggests, has not been dealt with yet. It's just a change in the enforcement measures. >>>More
According to the different circumstances of drunk driving, different administrative penalties are imposed on drunk drivers, and if a crime is constituted, criminal punishment shall be imposed in accordance with the law: >>>More