In recent years, China's punishment for motor vehicle drunk driving has become more and more severe. These are for the purpose of safeguarding the personal and property rights and interests of Chinese citizens. How to implement the new regulations on drunk driving in 2018? Xiaobian will give you more detailed answers below. I hope you can understand the provisions of the new regulations on drunk driving after reading it.
According to China's laws, if the alcohol content per 100ml of blood is greater than 20mg, even if driving after drinking, the driving behavior of vehicle drivers whose alcohol content in blood is greater than or equal to 80mg / 100ml belongs to drunk driving. For the problem of how to implement the new regulations on drunk driving in 2018, find the Xiaobian of france.com to sort out the relevant contents for you.
1、 How to implement the new regulations on drunk driving in 2018?
（1） Penalties under the road traffic safety law
According to the latest revision of the road traffic safety law:
1. If a person drives a motor vehicle drunk, the traffic management department of the public security organ shall restrain him until he wakes up, revoke his motor vehicle driver's license and investigate his criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
2. Anyone who drives an operating motor vehicle while drunk shall be restrained until he wakes up by the traffic management department of the public security organ, 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. After obtaining the motor vehicle driver's license again, no operating motor vehicle shall be driven.
3. If a major traffic accident occurs after drinking or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic management 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.
（2） Punishment in the criminal law and relevant judicial interpretations
1. Article 133-1 of the criminal law stipulates that whoever drives a motor vehicle drunk on the road shall be sentenced to criminal detention and shall also be fined.
2. Whoever drives a motor vehicle drunk under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of article 133-1 of the criminal law:
(1) Causing a traffic accident and taking full or main responsibility for the accident, or causing escape after a traffic accident, which has not yet constituted other crimes;
(2) Blood alcohol content reaches more than 200 mg / 100 ml;
(3) Driving on expressways and urban expressways;
(4) Driving an operating motor vehicle carrying passengers;
(5) Committing serious acts in violation of the road traffic safety law, such as serious overload, overload or speeding, driving a motor vehicle without driving qualification, and using a forged or altered motor vehicle license plate;
(6) Evading the public security organ's inspection according to law, or refusing or hindering the public security organ's inspection according to law, which has not constituted other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(8) Other circumstances under which heavier punishment may be imposed.
3. Whoever drives a motor vehicle drunk and obstructs the public security organ's inspection according to law by means of violence or threat, which also constitutes the crime of obstructing public service and other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.
4. If a defendant who drives a motor vehicle drunk is sentenced to a fine, the amount of the fine appropriate to the main punishment shall be determined according to the defendant's degree of drunkenness, whether it has caused actual damage, and his attitude of confession and repentance.
5. In handling criminal cases involving drunken driving motor vehicles, the relevant provisions of the Criminal Procedure Law shall be strictly enforced, effectively protecting the litigation rights of suspect and defendant, and timely investigation, prosecution and trial within the statutory period.
2、 Can drunk driving be released on bail?
Bail, which is called bail pending trial in China, refers to a criminal coercive measure that the investigation, prosecution and judicial authorities order the person who is criminally prosecuted but not in criminal custody to provide a guarantor or pay a bond and issue a bond to ensure that the person is handed down in order to prevent him from evading investigation, prosecution and trial.
A lawyer hired by a criminal suspect and his legal representative, a close relative or a criminal suspect arrested shall apply in writing for the guarantor pending trial. After receiving the application, the public security organ shall give a reply of consent or disapproval within seven days. Those who agree to obtain a guarantor pending trial shall go through the formalities for obtaining a guarantor pending trial according to law; If it does not agree to obtain a guarantor pending trial, it shall notify the applicant in writing and explain the reasons.