Drunk driving is an administrative penalty, with a fine of less than 2,000 yuan and a six-month driver's license deducted, with a score of 12.
legal ground
Drunk driving is a criminal punishment (to put it bluntly, imprisonment), which violates the criminal law and belongs to the crime of dangerous driving. Sentenced to 1~6 months of criminal detention, fined and revoked driver's license. You can't apply again within 5 years.
Dangerous driving is a crime in criminal law, including many situations, such as drunk driving, chasing racing, illegal racing and so on. Drinking driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml.
What is drunk driving?
Driving behavior of vehicle drivers with blood alcohol content greater than or equal to 80mg/ 100ml.
What is the crime of dangerous driving?
The crime of dangerous driving refers to the behavior of drunk driving a motor vehicle on the road, or driving a motor vehicle on the road to chase and compete, and the circumstances are bad.
Drunk driving does not mean drunk driving, and drunk driving does not have to be punished.
Article 1 of Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving (hereinafter referred to as Opinions on Handling Criminal Cases of Drunk Driving) stipulates that driving a motor vehicle with blood alcohol content above 80 mg/100 ml on the road is a drunk driving motor vehicle, and it is convicted and punished for dangerous driving according to the provisions of the first paragraph of Article 133 of the Criminal Law. Those who fail to meet the standard of drunk driving motor vehicles, that is, those whose blood alcohol content is less than 80mg/ 100ml, shall be given administrative punishment in accordance with the relevant provisions of the Road Traffic Safety Law.
After all, the law is dead, not all drunk driving should be punished. However, Article 2 of the Opinions on Handling Criminal Cases of Drunk Driving stipulates eight situations in which the crime of dangerous driving is severely punished. Including taking the main responsibility or full responsibility for causing traffic accidents, having an escape plot, having a blood alcohol content of 200 mg/100 ml, driving a motor vehicle on expressways and urban expressways, driving an operating vehicle to carry passengers, evading or obstructing inspection, being punished for drunk driving, overloading and speeding or driving unqualified, forging or altering a motor vehicle number plate and other serious violations of road traffic safety laws. And other circumstances that should be severely punished, that is to say, as long as the drunk driver has one or more of the above eight situations, the drunk driving punishment is certain, and there is basically no room for discussion.
Is it dangerous to drive after being punished for drunk driving?
Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents (hereinafter referred to as the Interpretation of Criminal Cases of Traffic Accidents) stipulates that those who cause serious injuries to more than one person, bear all or the main responsibility for the accident, and have drunk driving, drug driving and other violations of road traffic safety shall be convicted and punished for traffic accidents.
Under the same circumstances of other crimes, if one person is seriously injured, the compensation amount cannot reach 300,000 yuan, which is the watershed between the crime of traffic accident and the crime of dangerous driving.
There is another question. Is drunk driving causing serious consequences a crime of endangering public safety? A good book holds that if a drunk driver causes a traffic accident due to negligence, no matter how tragic the consequences of the accident are, the defendant can only constitute a traffic accident crime, but not a crime of endangering public safety.
What kind of punishment will drunk driving receive?
The "drunk driving" actor who is sentenced to punishment should bear the incidental civil liability of traffic accident compensation in addition to being restricted in personal freedom. The scope of civil compensation includes the reasonable expenses of the victim for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, etc., and the income reduced due to missed work. If the victim is a disabled person, he shall also compensate for the expenses such as the cost of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses. If "drunk driving" does not meet the criteria for imprisonment, resulting in personal injury, the actor will not only bear the compensation for the above contents, but also face more claims for property losses from the injured party, such as disability compensation, follow-up treatment fees, death compensation, living expenses of dependents, etc.