Traditional Culture Encyclopedia - Hotel franchise - More than 280 cases of suspended sentences for drunk driving and blood tests.

More than 280 cases of suspended sentences for drunk driving and blood tests.

Legal analysis: Liu dined with colleagues on weekend nights. Because Liu has his own car, he takes his colleagues to the hotel for dinner after work. As the hotel is not far from Liu's residential area, Liu parked his car in front of the hotel. After three rounds of drinking, Liu wants to drive home and send his colleagues home together. What he didn't expect was that when the vehicle started, it collided with a high-driving car. After the accident, high alarm. When the police arrived at the scene of the accident, they found Liu drinking. They took him back to the police station for a record and an alcohol test. After testing, Liu was in a state, so Liu was suspected of committing a crime and filed a case for investigation. After the case happened, Liu's family entrusted two lawyers, Lang and Xiao Yuanyuan, to defend him. After accepting the entrustment, the two lawyers went to the hotel and the scene of the accident; Visit. I found that the road was really narrow and the hotel was built in an empty residential area. There are many vehicles near dinner time, so it is difficult to find a parking place. Most consumers park their cars at will, and there are frequent traffic jams at this intersection. In this case, Liu just wanted to drive the vehicle home for convenience, but something happened. The two lawyers submitted visiting evidence to the court, carefully studied relevant judicial interpretations and consulted relevant domestic cases. They believe that although Liu is drunk, the location and speed of his criminal behavior are different from those of drunk driving endangering public safety. People's courts should treat them differently. Although Liu wants to drive home, the vehicle is not really on the road, and his behavior endangering public safety has not yet occurred. Only when his accident in the open community has great social harm should the court be exempted from punishment. In the end, the court adopted the opinions of two defense lawyers and exempted Liu from criminal punishment.

Legal basis: Article 72 of the Criminal Law may be suspended for criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years, if they meet the following conditions at the same time, and for those under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; (four) the announcement of probation has no significant adverse effects on the community where he lives. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.