What are the penalties for drunk driving? ——Legal analysis and hot cases
In recent years, drunk driving accidents have occurred frequently, causing widespread concern in society. Drunk driving not only endangers public safety, but may also lead to serious consequences. This article will combine the hot topics on the Internet in the past 10 days to sort out the legal liability, penalty standards and typical cases of drunk driving accidents to help the public understand the relevant legal provisions more clearly.
1. Legal liability for drunk driving accidents
According to the relevant provisions of the "Road Traffic Safety Law of the People's Republic of China" and the "Criminal Law", drunk driving accidents are divided into two situations: "drunk driving" and "drunk driving", with different penalties:
| Type | Alcohol content standard (mg/100ml) | administrative penalty | criminal liability |
|---|---|---|---|
| Drinking and driving | 20-80 | Driving license suspended for 6 months and fined 1,000-2,000 yuan | Generally does not constitute a crime |
| drunk driving | ≥80 | Driving license revoked and not allowed to retake the test within 5 years | Constitutes the crime of dangerous driving and shall be detained and fined |
| Drunk driving accident causing casualties | ≥20 | Driving license revoked and banned from driving for life | Those who constitute the crime of causing traffic accidents shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. |
2. Recent hot cases
In the past 10 days, drunk driving accidents have been exposed in many places, triggering heated discussions in public opinion:
| time | location | event | Penalty result |
|---|---|---|---|
| October 5, 2023 | Shenzhen, Guangdong | Drunk driving hits pedestrian and injures man | Criminal detention, facing a fixed-term imprisonment of more than 3 years |
| October 8, 2023 | Hangzhou, Zhejiang | Internet celebrity escapes while drunk driving | Driving license revoked, lifetime driving ban, fined 5,000 yuan |
| October 10, 2023 | Chaoyang, Beijing | Drunk driving of corporate executives killed 2 and injured 1 | Prosecuted for the crime of traffic accident, the maximum penalty is 7 years in prison |
3. Legal Consequences of Drunk Driving Accidents
Drunk driving accidents not only face legal sanctions, but may also bring the following serious consequences:
1.financial compensation: The perpetrator needs to bear medical expenses, funeral expenses, disability compensation, etc., which may amount to millions.
2.career impact: Public officials who drink and drive will be fired, and corporate executives may have their labor contracts terminated.
3.social reputation: Drunk driving records are included in personal credit files, affecting loans, job hunting, etc.
4. How to avoid drunk driving?
1. Consciously abide by the principle of "driving without drinking, drinking without driving".
2. Use a chauffeur service or public transportation.
3. Supervise each other when relatives and friends get together, and promptly discourage drunk driving.
Conclusion
Drunk driving causes accidents that harm others and yourself, and the law severely punishes such behavior. The public should enhance their legal awareness, avoid taking chances, and jointly maintain road traffic safety. If you discover drunk driving, you can call the police at 122 to jointly create a safe travel environment.
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