Wuxi drunk driving non-prosecution standard

1. The decision not to prosecute (hereinafter referred to as "relative non-prosecution") made in accordance with the second paragraph of Article 177 of the Criminal Procedure Law of People's Republic of China (PRC) is only applicable to criminal suspects with clear facts of the case, sufficient evidence, a good attitude of pleading guilty and repentance. Two, for cases with unclear facts and insufficient evidence that do not meet the conditions for prosecution, a decision not to prosecute shall be made in accordance with the provisions of the fourth paragraph of Article 175th of the Criminal Procedure Law of People's Republic of China (PRC). Third, in handling cases of relative non-prosecution, we should not only focus on examining the criminal suspect's blood alcohol content, driving time, driving vehicle type, driving road type, actual damage consequences and other important circumstances, but also examine whether the criminal suspect was punished for driving a motor vehicle after drinking or being drunk, causing traffic accidents accompanied by other traffic violations and other circumstances. Four, in handling cases of relative non-prosecution, we must strictly follow the principle of "all citizens are equal in the application of the law and are not allowed to have any privileges before the law". Strictly abide by the rules of handling cases. Five, drunk driving a motor vehicle, with the following aggravating circumstances, is not applicable to the relative non-prosecution: (a) the blood alcohol content reached more than 200 mg/100 ml; (2) Causing a traffic accident, taking full or major responsibility for the accident, or causing minor injuries or heavy economic losses to others, or escaping after a traffic accident; (3) Driving in expressway, urban expressways or densely populated areas such as residential areas and schools; (4) driving a manned motor vehicle and a motor vehicle that can only be driven with a driver's license of Grade B or above; (5) Driving with knowledge that it is a motor vehicle with incomplete safety devices or faulty safety components, driving with knowledge that it is a motor vehicle without a license plate or scrapped, driving a motor vehicle that is seriously overcrowded, overloaded or speeding, driving without driving qualification, using forged or altered motor vehicle license plates and other serious violations of road traffic safety laws; (six) in the inspection of the public security organs according to law, there are acts of escaping, refusing or obstructing the inspection of the public security organs according to law, and letting people replace them; (7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking; (eight) in the course of litigation, there are circumstances such as concealing identity, confessing, refusing to appear in the case, driving a motor vehicle after drinking, running away, and unwilling to make a statement of repentance; (nine) causing adverse effects, causing major public opinion and other circumstances that are not suitable for relative non-prosecution; (ten) there are other circumstances that can be severely punished. Six, drunk driving a motor vehicle, the blood alcohol content is below 150 mg/100 ml, and there is no heavier punishment as stipulated in Article 5 of this reference standard, and relative non-prosecution can be applied. Seven, drunk driving a motor vehicle, blood alcohol content is greater than 150 mg/100 ml but less than 200 mg/100 ml, there is no heavier punishment as stipulated in Article 5 of this reference standard, and relative non-prosecution can be applied under the following circumstances: (1) The purpose of driving a vehicle is not to drive on the road, but to move the parking space, and it has not yet. (2) Driving a vehicle in an emergency due to an emergency, and no traffic accident has occurred; (3) voluntarily giving up driving after driving a vehicle for a certain distance, and no traffic accident has occurred; Eight, beyond the provisions of this reference standard, due to meritorious service and other mitigating circumstances, it is really necessary to make a relative decision not to prosecute, it should be reported to the people's procuratorate at the next higher level for the record in accordance with the relevant provisions. Nine, for the case of "drunk driving", the identity of the criminal suspect shall be ascertained, and after the criminal suspect is identified as a public official exercising public power, a decision shall be made not to prosecute, and the discipline inspection and supervision department of the unit to which he belongs shall be notified.

Legal objectivity:

Criminal Procedure Law of the People's Republic of China

Article 177

If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

Criminal Procedure Law of the People's Republic of China

Article 178

The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and his unit. If the accused is in custody, he shall be released immediately.