What should I do if I am being investigated for drunk driving?
Take out the wine and take a few sips of
or get the "drinking friend" to drive
This way,
The police can't do anything to you?
Nature can't be taken seriously
But someone really "practices"...
Basic facts
After trial, the court held that
Before the public security organs investigated, A tried to evade legal investigation by drinking again. According to the provisions of Article 6, Paragraph 2 of Article 6, Paragraph 2 of Article 6, Paragraph 2 of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security: "When the public security organs inspect in accordance with the law, in order to evade legal prosecution, the suspect drinks alcohol again before exhaling alcohol content or taking a blood sample. After the test, his blood alcohol content reaches the drunken standard (80 mg/100 ml) stipulated in Article 1 of this opinion, he shall be deemed drunk."
Therefore, the blood sample test result of A's drinking again can be used as the basis for determining drunkenness. His behavior constitutes the crime of dangerous driving and is sentenced to prison according to law.
After the first instance judgment
A did not appeal within the statutory period
The current judgment has taken effect
Judge said
Since the death of drunk driving, drunk driving behavior has decreased significantly, and traffic accidents caused by drunk driving have also decreased. But in daily life, there are still a few drivers who are lucky enough to try the method with their own eyes.
Driving while drunk not only poses a threat to one's own life safety, but also threatens others. The driver had a glass of wine, and the relatives had two lines of tears. I would like to remind the majority of drivers that in the face of the law, all kinds of "smart" are futile. Drinking afterwards cannot become a "crime exemption" for drivers. Don't be lucky and truly do not drink alcohol or drive without drinking!
Basic facts 2
In the early morning of July 2, 2020, taxi driver Zhou was rear-ended by a BMW while he was open. Due to damage to the vehicle and the passengers, Zhou immediately called the police. Zhou said that there was a man (Tu) and a woman (Yang) from the BMW car, and both of them were drunk.
After the police arrived at the scene, Yang and Tu first lied that they were driving the vehicle, and then Tu confessed to the fact that they were driving drunk. The results of the on-site expiratory alcohol test of Tu's name were 191mg/100ml. After testing, the ethanol (alcohol) component was detected in his venous blood, with a content of 141.5/100ml; the ethanol (alcohol) content in Yang's blood was 111.7mg/100ml. It was determined that Tu Mou was fully responsible for the accident. After Tu Mou compensated Zhou Mou and others for economic losses, he was sentenced to one month of detention for the crime of dangerous driving.
After verification, Yang and Tu were drunk with their friends that night. When they left, Yang handed over his car to Tu and sat in the passenger seat. Tu rear-ended Zhou's taxi while driving, and a traffic accident occurred.
The procuratorate filed a public prosecution against Yang, accusing Yang of dangerous driving.
Referral result
After trial, the court found Yang guilty of dangerous driving and sentenced him to one month's detention and a fine of RMB 1,000.
Reason for referee
According to Yang's confession, he was able to walk to the parking place after drinking, be able to get on the car and start the vehicle by himself, and be able to walk from the driver to the passenger seat by himself after getting on the car. It proved that Yang still had a certain cognitive ability even after drinking. Combined with the confession of the co-client plot and the testimony of other witnesses on the scene, such as Yang's behavior, was enough to prove that Yang handed over his car to Tu to drive while knowing that the co-client Tu was drinking, endangering public safety, and his behavior constituted an accomplice of the crime of dangerous driving.
Judge's statement
Not driving may also constitute a dangerous driving crime, and the evidence standards for common intentional crimes must be strictly grasped.
According to the provisions of the Criminal Law of my country, driving a motor vehicle drunk on the road endangers public safety, which constitutes a crime of dangerous driving. Why does Yang not drive a motor vehicle constitute the crime of dangerous driving? The ruling in this case is based on the joint crime theory of criminal law.
Article 25 of my country's Criminal Law stipulates that joint crime refers to the joint intentional crime of two or more people. If two or more people commit crimes of joint negligence, they shall not be punished as joint crimes; if they should bear criminal responsibility, they shall be punished separately according to the crimes they committed.
Yang, knowing that the co-client was drinking, still handed over his small car to the co-client to drive, endangering public safety and his behavior constituted an accomplice of the crime of dangerous driving.
However, if Yang did not subjectively know that the co-client was drinking and objectively did not take the initiative to hand over his car to the co-client, he could not be determined to constitute the crime of dangerous driving.
In judicial practice, in addition to the above circumstances, the following behaviors may also constitute a joint crime of dangerous driving.
. The act of the perpetrator knowing that others must drive, but still trying his best to urge or coerce or stimulate him to drink, and failing to find a designated driver for him after drinking;
. The act of the owner of the motor vehicle and the holder of the motor vehicle, instructing, instigating, coercing, and ordering others to drive a motor vehicle even though he knows that others are drinking;
. The act of the owner of the motor vehicle lending the vehicle to the borrower even though he knows that the borrower is drunk and requires him to drive a motor vehicle.
Therefore, in addition to remembering that "drinking without driving, driving without drinking", relatives and friends should also remind each other to find a designated driver after drinking, and do not violate the criminal law and cause a major disaster because of a temporary lucky mentality.
The consequences of drunk driving and drunk driving
(I)Drinking driving:
. Article 91 of the "Road Traffic Safety Law of the People's Republic of China" stipulates that drunk driving is fined more than 1,000 yuan and less than 2,000 yuan, and the driver's license is credited with 12 points, and the driver's license is temporarily detained for 6 months; detaining again for drunk driving for 10 days and fined more than 1,000 yuan and less than 2,000 yuan, and the motor vehicle driver's license is revoked.
. If a drunk driving occurs seriously, criminal responsibility will be pursued in accordance with the law, and the driver's license will be revoked and the driving license will be banned for life.
. Drunk driving motor vehicles, detained for 15 days, fined RMB 5,000, revoked driving license and banned for 5 years.
(II) Drunk driving:
. Regardless of whether the behavior is bad or caused by the consequences, the drunk driving will be held criminally responsible for the crime of "dangerous driving", sentenced to 1 to 6 months of detention, and fined, and will be revoked, and driving is banned within 5 years.
. Those who drive a motor vehicle drunk will be revoked and driving will be banned within 10 years, and they will be held criminally responsible for the crime of dangerous driving. After re-acquisition of the driver's license, you are not allowed to drive an operating motor vehicle.
. Disciplinary consequences
According to Articles 28, 31, 32 and 33 of the 2018 " Regulations on Disciplinary Punishment of the Communist Party of China ", if you are a member of the Communist Party of China, you may be punished by revoking your party post, probation or expelling from the party.
. Other consequences
Once a person is criminally punished for drunk driving, in addition to being unable to join the party, apply for civil servants, enlisting in the army, applying for military academy, and being unable to issue a certificate of no criminal record (for visa for overseas travel ), it may affect the political review of children applying for civil servants, joining the party, and applying for military police academy.
Link
" Criminal Law of the People's Republic of China "
Article 25 [Concept of joint crime] Co-deal crime refers to the intentional crime committed by more than two people.
More than two people commit crimes in a joint negligence shall not be punished as a joint crime; if they should bear criminal responsibility, they shall be punished separately according to the crimes they committed.
Article 133html [Crime of Traffic Accident] Those who violate transportation management regulations and cause serious accidents, causing serious injuries, death, or causing serious losses to public and private property shall be sentenced to fixed-term imprisonment of not more than three years or detention; those who escape after the traffic accident or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years; those who cause death by escape shall be sentenced to fixed-term imprisonment of not more than seven years.
Article 133 1 [Crime of Dangerous Driving] If driving a motor vehicle on the road and in any of the following circumstances occurs, he shall be detained and fined:
(I) Chasing and racing, with a serious situation;
(II) Driving a motor vehicle while drunk;
(III) engaged in school bus business or passenger transportation, seriously exceeding the rated passengers, or seriously exceeding the specified speed;
(IV) Transporting dangerous chemicals in violation of the safety management regulations on hazardous chemicals, endangering public safety.
If the owner or manager of the motor vehicle is directly responsible for the third and fourth acts in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
If the first two acts are committed and constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 133-Bi [ Crime of Obstructing Safe Driving ] If a driver of a moving public transportation vehicle uses violent or snatches the driving control device, interferes with the normal driving of public transportation, and endangers public safety, he shall be sentenced to fixed-term imprisonment of not more than one year, detention or control, and shall be fined or fined alone.
If the driver specified in the preceding paragraph leaves his post without permission on public transportation, fights or beats others with others, endangers public safety, he shall be punished in accordance with the provisions of the preceding paragraph.
If the first two acts are committed and constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier punishment.
"Road Traffic Safety Law of the People's Republic of China"
Article 91 Those who drive a motor vehicle after drinking will be temporarily detained for six months' motor vehicle driver's license and shall be fined not less than RMB 1,000 and not more than RMB 2,000. Those who are punished for driving a motor vehicle after drinking and driving a motor vehicle after drinking again will be detained for not more than ten days, and will be fined not less than one thousand yuan but not more than two thousand yuan, and their motor vehicle driver's license will be revoked.
Driving a motor vehicle while drunk shall be bound by the traffic management department of the public security organ until he wakes up, his motor vehicle driver's license will be revoked, and criminal responsibility will be pursued in accordance with the law; no motor vehicle driver's license may be obtained again within five years.
Those who drive an operating motor vehicle after drinking will be detained for fifteen days and fined 5,000 yuan, and their motor vehicle driver's license will be revoked. They will not be allowed to obtain a motor vehicle driver's license again within five years.
Driving an operating motor vehicle while drunk shall be bound by the traffic management department of the public security organ until he wakes up, his motor vehicle driver's license will be revoked, and criminal liability will be pursued in accordance with the law. No re-obtaining a motor vehicle driver's license within ten years, and no re-obtaining a motor vehicle driver's license will be allowed to drive an operating motor vehicle after re-obtaining a motor vehicle driver's license.
If a major traffic accident occurs after drinking or drunk driving a motor vehicle and constitutes a crime, criminal responsibility shall be pursued in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license and shall not obtain the motor vehicle driver's license again for life.
"Regulations on Disciplinary Punishment of the Communist Party of China"
Article 28 If a party organization finds that a party member has acts stipulated by the Criminal Law during disciplinary review, although it does not constitute a crime, but must be held accountable for party discipline, or other illegal acts that harm the interests of the party, the state and the people, it shall be given a warning depending on the specific circumstances until it is expelled from the party.
Article 31 If a party member commits a minor crime, and the People's Procuratorate makes a decision to not prosecute in accordance with the law, or if the people's court makes a guilty judgment and is exempted from criminal punishment, it shall be punished with removal from the party, probation, or expelled from the party.
If a party member commits a crime and is fined for a single person, he shall be dealt with in accordance with the provisions of the preceding paragraph.
Article 32 If a party member commits a crime, he shall be expelled from the party if any of the following circumstances occurs:
(I) He is sentenced to the main sentence of (including probation) stipulated in the Criminal Law for intentional crimes; (II) He is deprived of political rights alone or at the same time;
(I) He is sentenced to more than three years (excluding three years) in fixed-term imprisonment in accordance with the law for negligence crimes.
If you are sentenced to fixed-term imprisonment of less than three years (including three years) for negligence crime or sentenced to control or detention, you should generally be expelled from the Party. For individuals who may not be expelled from the Party, they shall submit their approval authority to the next higher-level party organization for approval in accordance with the provisions on the approval authority of the Party members.
Article 33 If a party member is held criminally responsible in accordance with the law, the party organization shall impose party discipline sanctions in accordance with the provisions of these Regulations based on the effective judgment of the judicial organs, rulings, decisions and the facts, nature and circumstances of their determination. If a public official is a public official, the supervisory organs shall impose corresponding administrative sanctions.
Party members are subject to administrative sanctions and administrative sanctions in accordance with the law and should be held accountable for party discipline, the party organization may, after verification, impose party discipline sanctions or organizational handling in accordance with the regulations based on the facts, nature and circumstances determined by the effective administrative sanctions and administrative penalty decisions.
If a party member violates national laws and regulations, violates the rules and regulations of enterprises, institutions or other social organizations and is subject to other disciplinary sanctions, and the party discipline should be held accountable, the party organization shall, after verifying the facts, nature and circumstances identified by the relevant parties, shall impose party discipline sanctions or organizational handling in accordance with the regulations.
After the party organization makes a decision on party discipline or organizational handling, the judicial organs, administrative organs, etc. change the original effective judgment, ruling, decision, etc. in accordance with the law, and affect the original party discipline or organizational handling decision, the party organization shall make corresponding treatment again based on the changed effective judgment, ruling, decision, etc.
Source: Supreme People's Court Judicial Case Research Institute
