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What is the penalty standard for drunk driving in 2019? Interpretation of new traffic regulations in

The new traffic regulations increase the punishment for drinking and drunk driving, but after the implementation of the new traffic regulations, there are still many people who drive after drinking with a fluke mentality. What's the punishment standard for drunk driving? Let's take a look at it with Xiaobian.

1、 Punishment standard for drunk driving

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. 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. 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.

Drunk driving:

1. 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 5 years

2. 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.

3. 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.

2、 Relevant knowledge

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 law in handling criminal cases of drunk driving of motor vehicles.

In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving of motor vehicles according to law, and maintain public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the criminal law and the criminal procedure law and in combination with the practice of investigation, prosecution and trial.

1. Driving a motor vehicle on the road with a blood alcohol content of more than 80 mg / 100 ml belongs to the drunk driving motor vehicle, and shall be convicted and punished as the crime of dangerous driving in accordance with the provisions of the first paragraph of article 133-1 of the criminal law.

The relevant provisions of the road traffic safety law shall apply to the 'road' 'motor vehicles' mentioned in the preceding paragraph.

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 bearing all or the main responsibility for the accident, or escaping after causing a traffic accident, but not constituting other crimes;

(2) The blood alcohol content is more than 200mg / 100ml;

(3) Driving on expressways or urban expressways;

(4) Driving a motor vehicle carrying passengers;

(5) Serious violations of the road traffic safety law, such as serious overloading, overloading or speeding, driving a motor vehicle without driving qualification, using a forged or altered motor vehicle license plate;

(6) Evading the inspection by the public security organ according to law, or refusing or hindering the inspection by the public security organ according to law has not constituted any other crime;

(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;

(8) Other circumstances in which a heavier punishment may be imposed.

3. Whoever drives a motor vehicle drunk and obstructs the inspection of the public security organ in accordance with the law by means of violence or threat, which constitutes another crime such as the crime of obstructing official duties, shall be punished in accordance with the provisions of combined punishment for several crimes.

4. When a defendant who drives a motor vehicle drunk is sentenced to a fine, the amount of the fine corresponding to the principal punishment shall be determined according to the degree of drunkenness of the defendant, whether actual damage has been caused, attitude of confession and repentance, etc.

5. When investigating and punishing the criminal suspect of drunk driving a motor vehicle, the public security organ shall make a record of the process of checking the alcohol content of the seized breath and taking blood samples; if conditions permit, it shall take photos, record or video; if there are witnesses, it shall collect the testimony of the witnesses.

6. The opinion of blood alcohol content test is the basis of determining whether the criminal suspect is drunk or not. If the criminal suspect passes the breath alcohol content test and meets the drunk standard specified in Article 1 of this opinion, and escapes before taking blood sample, the breath alcohol content test result can be used as the basis for determining his drunk.

When the criminal suspect is examined by the public security organ according to law, in order to evade legal investigation, he drinks alcohol before breath alcohol content test or blood sample sampling. If his blood alcohol content reaches the drunk standard specified in Article 1 of this opinion after inspection, he shall be deemed as drunk.

7. In dealing with the criminal cases of drunk driving of motor vehicles, the relevant provisions of the Criminal Procedure Law shall be strictly enforced, the litigation rights of the criminal suspects and defendants shall be effectively guaranteed, and the investigation, prosecution and trial shall be conducted in a timely manner within the legal litigation period.

A criminal suspect or defendant who drives a motor vehicle drunk may, according to the circumstances of the case, be detained or released on bail pending trial. Those who meet the conditions for obtaining a guarantor pending trial, but the criminal suspect or defendant is unable to provide a guarantor or pay a deposit, may be subject to residential surveillance. If the circumstances of a criminal suspect or defendant who violates the provisions on bail pending trial or residential surveillance are serious, he may be arrested.