What will be the punishment for drunk driving a motor vehicle on the road?

The driver's blood alcohol content is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml, which belongs to drunk driving; Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml. When the alcohol content in blood is more than or equal to 80mg/ 100ml, it is drunk driving. If the driver is found to be suspected of drinking, the traffic police can use the breath alcohol detector to conduct on-site inspection, and the detector will print out the results and the inspected person will sign on the spot. If the inspected refuses to sign, the inspection result will take effect as long as there are two traffic policemen present. Drunk driving will be deducted 12 points, the driver's license will be temporarily suspended for 6 months, and a fine of 1000 yuan to 2000 yuan will be imposed. Those who drive a motor vehicle after drinking again shall be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses shall be revoked [1].

2 Punishment standard

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The new "Road Traffic Safety Law" divides drunk driving into two grades: drunk driving and drunk driving, and imposes heavier penalties on drivers who operate motor vehicles:

Drunk driving test

Driving a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ to sober up, and the motor vehicle driving license shall be temporarily suspended for six months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed; Anyone who drives or operates a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, fined 5,000 yuan, and his motor vehicle driving license shall be revoked. No motor vehicle driver's license shall be obtained again within five years.

Beijing

In the Standard for Punishment and Scoring of Road Traffic Safety Violations (Trial) issued by Beijing, the punishment for drunk driving is the strongest: a driver who drives a motor vehicle after being drunk is fined 2,000 yuan, deducted 12 points, revoked his driver's license for 3 to 6 months, and detained for less than 15 days; If the driver escapes after a traffic accident, which does not constitute a crime, or forcibly passes through in violation of traffic management regulations, and fails to listen to dissuasion, he will be fined 2000 yuan, deducted 12 points, and detained for less than 15 days.

3 data

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Not greedy for drinks

Drink the following amount of wine.

Drinking 70-degree liquor is 228 yuan = drunk.

Drink three or two glasses of 60-degree white wine = drunk.

Drinking 42% 50-degree liquor = drunk.

Drinking five ounces of 40-degree liquor = drunk.

Drink 10 to 20 degrees of yellow rice wine or sake 1 kg = drunk.

Drinking wine with a degree of 12 to 16 is 1 kg 2 = drunk.

Drinking 3 bottles or 6 cans of 3-5 degree beer = drunk.

4 Quantization

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Drunk driving inspection

20mg/ 100ml is roughly equivalent to a glass of beer; 80mg/ 100ml, equivalent to 3 cups of low-alcohol liquor or 2 bottles of beer; 100mg/ 100ml, which is roughly equivalent to half a catty of low-alcohol liquor or three bottles of beer.

According to the specific alcohol content of liquor, if the human blood contains alcohol 100 mg per 100 ml, the quantification of different liquors is: about 50 grams of 70-degree liquor; 75 grams of 60-degree liquor; 50% liquor is about100g; 40-degree liquor is about150g, which is the amount of one cup; Japanese sake is about 500 grams; About 600 grams of red wine; About 3 bottles or 6 cans of beer.

Article 5 stipulates that

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Road traffic safety violation scoring score

drunk driving

Road traffic safety violations score according to the provisions:

A fine of 1000-2000 was imposed after drinking, and the card was deducted for 6 months (score 12).

Road traffic safety law

According to Article 91 of the Road Traffic Safety Law of the People's Republic of China:

Article 91 Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.

Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not obtain a motor vehicle driver's license again within five years.

Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.

If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.

People's Republic of China (PRC) Criminal Law Amendment (8)

(20 1 1 adopted at the 19th meeting of the 11th NPC Standing Committee on February 25th)

22. One article is added after Article 133 of the Criminal Law as one of Article 133: "Whoever drives a motor vehicle on the road to chase after a race, if the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined.

Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.

Fifty, this amendment shall come into force as of May 6, 20 1 year.

Article 42 of the Criminal Law of People's Republic of China (PRC) stipulates that the term of criminal detention is from one month to six months.

Amendment to the Road Safety Law

20 1 1 On April 22nd, the 20th meeting of the 11th the National People's Congress Standing Committee (NPCSC) voted to adopt the decision on amending the road traffic safety law. According to the revised law, all drunk drivers will have their driver's licenses revoked, and they will not be allowed to get a driver's license again for five years.

The revised Road Traffic Safety Law stipulates that those who drive a motor vehicle drunk shall be restrained by the traffic administrative department of the public security organ until they wake up drunk, and their motor vehicle driving licenses shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

After the Criminal Law Amendment (VIII) stipulates relevant criminal penalties for drunk driving motor vehicles, there is no need to impose detention penalties. Therefore, the revised "Road Traffic Safety Law" deleted the provisions on detaining offenders who drunk drive motor vehicles.

According to the revised Road Traffic Safety Law, if a motor vehicle is drunk, the traffic management department of the public security organ will restrain it until it wakes up, revoke the motor vehicle driver's license, and pursue criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.

According to the revised law, drivers who have a major traffic accident while drunk driving will be banned from driving for life.

The revised Road Traffic Safety Law stipulates that if a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.

Drunk driving will temporarily suspend driver's license and be fined, "drunk driving" will be banned for five years, and serious traffic accidents after drinking may lead to life-long driving ban ... The draft amendment to the road traffic safety law under consideration in the National People's Congress Standing Committee (NPCSC) imposes unprecedented severe punishment on drunk driving. [2]

According to the provisions of Threshold and Inspection of Alcohol Content in Blood and Exhaled Gas of Motor Vehicle Drivers (GB19522—Inspection of Drunk Driving in 2004) issued by the General Administration of Quality Supervision, Inspection and Quarantine, it is pointed out that drinking driving refers to driving with alcohol content in blood of motor vehicle drivers greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml. Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml.

Six typical cases

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Case 1: On the evening of August 7th, 2065438+0/kloc-0, after drinking a few bottles of beer with friends in a hotel and entertainment place in this city, Wang was driving a car from west to east along the Tongzhenguan route in Yicheng Street to the Renmin Road intersection, and the car driven by Yang in the same direction ahead collided with him. Wang takes full responsibility for the accident. After testing, the alcohol content in Wang's blood was 2.24mg/ml.

After the trial, the court held that Wang drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. He was sentenced to two months' criminal detention and fined RMB 2,000.

Comments: The Criminal Law Amendment (VIII) added the crime of dangerous driving, made it a crime to drive a motor vehicle on the road to chase competitive driving and drunk driving, and stipulated criminal detention and fines, in order to increase the punishment for such acts and strengthen the protection of people's livelihood. The inspection standard of drunk driving is GB 19522-2004, that is, the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 0.2 mg/ml and less than 0.8 mg/ml belongs to drinking driving; Driving behavior greater than or equal to 0.8 mg/ml belongs to drunk driving. In this case, Wang was driving a car and his blood alcohol content was 2.24mg/ml. He is a drunk driver and should be convicted and punished for dangerous driving. The court sentenced him according to his drunken state, traffic accident and degree of damage.

Case 2: Che, a native of Bijie County, Guizhou Province, went to work in the whale dragon cement plant in Xushe Town, our city. 201101018. Che was drinking with his fellow villagers in Xushe Town, and drunk driving a two-wheeled motorcycle collided with Guo's electric bicycle on the road, and the police rushed to the scene to seize it. The defendant took full responsibility for the accident. After testing, Chemou's blood alcohol content was 2. 12mg/ml, which belonged to drunk driving.

After the trial, the court held that a car was drunk driving a motor vehicle on the road, causing a traffic accident and taking full responsibility for the accident. His behavior has constituted the crime of dangerous driving. Che was sentenced to two months' criminal detention and fined 2000 yuan.

Comments: Motor vehicles in the crime of dangerous driving are not limited to cars, but also motorcycles and agricultural vehicles. But judging from the convicted cases, motorcycle drivers account for the majority in dangerous driving cases. This is precisely because motorcycle drivers are not strong enough in legal awareness of drunk driving. Many people think that drunk driving is dangerous driving, but they don't care about driving motorcycles, agricultural vehicles and other motor vehicles, which leads to drunk driving and bear criminal responsibility.

Case 3: Lu is from my town. On July 20th, around 1 10, Lu drank 3,420-degree liquor at a friend's house in Xushe Town, and while driving his unlicensed two-wheeled motorcycle in driving without a license from north to south along the old line, he fell to the ground and was injured and unconscious. The police received an alarm from the masses and rushed to the scene of the accident to capture Lu. After testing, the alcohol content in Lu's blood was 1.86mg/ml.

After the trial, the court held that Lu was drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. Lu was sentenced to one month's criminal detention and fined 2000 yuan.

Comments: The crime of dangerous driving is an abstract dangerous crime. As long as the perpetrator carries out drunk driving, it is not necessary to have specific results that endanger public safety. In this case, Lu accidentally injured himself by riding a two-wheeled motorcycle, but did not cause personal injury or loss of public or private property. However, because Lu was drunk driving a motor vehicle, his behavior has been formed, so he should still be investigated for criminal responsibility for dangerous driving.

Case 4: At about 2011kloc-0/0/October 23rd 14, Shumou and his friends drank half a catty of low-alcohol liquor in the hotel and drove a two-wheeled motorcycle to Hexi Street in Xushe Town. It coincides with the construction of this section. Not only building materials such as cement and yellow sand are piled up on the road surface, but also an excavator is parked, and the traffic of passing vehicles is blocked. To this end, Shumou had a dispute with the construction workers on the construction site. After Shumou called the police himself, he asked the police to come and deal with it. When the police rushed to the scene and found that Shu was suspected of drunk driving, he was tested for alcohol. After testing, the blood alcohol content of Shu was 1.32mg/ml.

After the trial, the court held that Shumou drunk driving a motor vehicle on the road, and his behavior constituted a dangerous driving crime. He was sentenced to one month's criminal detention and fined RMB 1,000.

Comments: In this case, the original intention of Shumou's alarm was to ask the police to go to the scene to handle the dispute with the construction workers and help maintain the smooth road. This dispute was not originally a road traffic accident, but the police found that Shu was suspected of drunk driving and had the right to investigate and deal with it according to law. After confirmation, he was investigated for criminal responsibility according to law.

7 Hazards of drunk driving

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Drunk driving refers to driving a vehicle within 8 hours after drinking or 24 hours after being drunk. Statistics show that the accident probability of drivers who drive after drinking is 15 times as high as usual, and 30% of road traffic accidents are caused by drunk driving and drunk driving. 59% of drivers' death files are related to drunk driving. Shocking figures tell us that drunk driving seriously endangers traffic safety and harms others and society. The police reminded the majority of drivers and friends that drinking should be moderate and not greedy. Causes of frequent accidents after drunk driving;

1. drunk driving, due to alcohol paralysis, clumsy movements, slow response, decreased operational ability, often can not operate the vehicle well.

2. After drinking, the attention is distracted and the judgment ability is reduced. The response time of drunken people to light and sound is prolonged, so they can't correctly judge the safe distance and driving speed, and can't accurately receive and process traffic information on the road.

3. After drinking, people's vision will decline, the visual image will be unstable, and the color vision function will decline, resulting in the inability to find and understand traffic signals and traffic signs, and it is difficult to find hidden dangers on the visual edge.

Most people who drink alcohol think that if they drink less or feel "good" about themselves, they will be fine, but they are not. After drinking, under the stimulation of alcohol, people are impulsive, courageous and self-estimated, and people are prone to take risks. They ignore the advice of people around them and often do things beyond their power.

5. It is easy to get sleepy, tired, doze off and even fall asleep after drinking.