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How to punish driving in 2019? What's the difference between drunk driving and drunk driving

Drunk driving is an extremely unsafe behavior, which is a potential danger to others and ourselves. It's the time of the year. For those who like to drink, they must be careful! Drunk driving, that is, drunk driving, is not beneficial to people, themselves and society, no matter from the traffic laws and regulations, from the perspective of safety, which is an irresponsible performance. So what's the difference between drunk driving and drunk driving?

Driving a motor vehicle when the alcohol content in the driver's blood is more than (equal to) 20 mg / 100 ml or less than 80 mg / 100 ml belongs to drinking driving, and driving a motor vehicle when the alcohol content is more than (equal to) 80 mg / 100 ml belongs to drunk driving. Both drunk driving and drunk driving are serious traffic violations, which should be punished by laws and regulations. In terms of the degree of harm, the harm of drunk driving is far greater than that of drinking driving.

1、 Judging standard of drunk driving and drunk driving

1. Drinking and driving

Judgment standard for drinking and driving: 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.

According to the calculation, the blood alcohol concentration can reach 0.02 (20mg / 100ml) after drinking 350ml (about equivalent to a small bottle) beer or half two white spirits (20ml), that is to say, the penalty conditions for drinking and driving can be met.

According to the provisions of the new law of the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's Republic of China on the people's. The legal penalty for driving a motor vehicle after drinking alcohol is more severe: driving after drinking alcohol, the driver's license for three months shall be temporarily withheld and a fine of 500 yuan shall be imposed, 12 points shall be recorded.

2. Drunk driving

Judgment standard for drunk driving: driving behavior in which the alcohol content in the driver's blood is greater than or equal to 80mg / 100ml. According to the national "threshold and inspection of blood and breath alcohol content of vehicle drivers", drivers whose alcohol content in 100ml blood reaches 20-80mg are drunk drivers, and drivers whose alcohol content is more than 80mg are considered drunk drivers.

Blowing test is not included in drunk driving identification. According to the standard of evidence collection in criminal cases, the drivers suspected of drunk driving must take blood for evidence collection. Checking the data of alcohol monitoring instrument in drunk driving is only a method for the traffic police to judge drunk driving in the early stage. Through the comparison of the alcohol content in the suspect's body, an appraisal conclusion is made.

2、 New regulations on punishment of drunk driving and drunk driving

1. For drunk driving, the driver's license for 6 months shall be temporarily suspended and a fine of more than 1000 yuan but less than 2000 yuan shall be imposed. Previously, those who have been punished for drunk driving and drive again after drinking shall be detained for less than 10 days and fined more than 1000 yuan but less than 2000 yuan, and their driving licenses shall be revoked.

2. Drunk driving shall be restricted by the public security organ until drunk. The driver's license shall be revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within five years.

3. Driving operating vehicles after drinking shall be detained for 15 days and fined 5000 yuan. The driver's license shall be revoked and shall not be obtained again within 5 years.

4. Drunk driving vehicles shall be restricted by the public security organ to sober up. The driver's license of a motor vehicle shall be revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining the driver's license again, the driver shall not drive the operating vehicle.

5. If a serious traffic accident occurs while driving after drinking or drunk, which constitutes a crime, criminal responsibility shall be investigated according to law. The driver's license shall be revoked and the driver's license shall not be obtained again for life.