The man did not drive, but became an accomplice to the crime of dangerous driving, only because...

Didn't drive after drinking

The man became an accomplice to the crime of dangerous driving

It's because it ignores that!

There are thousands of roads, and safety is the first. Chibi man Lu Mou was suspected of dangerous driving after drinking, and his companion Wei Mou, knowing that Lu Mou was drinking, still handed over the vehicle to him to drive, suspected of being an accomplice to the crime of dangerous driving. Recently, the Criminal Trial Division of the Chibi Municipal People's Court applied the expedited procedures to hear the case in public.

After trial, it was ascertained that at about 20:00 on April 2, 2021, defendants Lv X, Wei X and 4 others had dinner together, and all 4 of them drank alcohol during the meal, and after the meal, Lu proposed that he was more sober, so he asked Wei X for car keys and drove Wei X's car to the bar to continue drinking. At about 23:00, defendant Lu drove a car to continue to drive Wei and others on the road, and during the driving process, he scratched with the taxi, the taxi driver called the police, and after the police came out, they found that Lu had drunk driving behavior. After identification, the blood alcohol content in Lu Mou was 133.54mg/100mL when he was seized.

After the incident, Wei surrendered himself. Defendants Lu X and Wei X both pleaded guilty and accepted punishment.

The court held that the defendant Lu X was driving a motor vehicle on the road drunk, and the defendant Wei X knew that Lu X was drinking alcohol, but still handed over the vehicle he was driving to Lu X to drive, and caused a traffic accident, and the two defendants should be investigated for criminal responsibility for the crime of dangerous driving. According to the law, the court pronounced the verdict, Lu Mou committed the crime of dangerous driving, sentenced to 2 months of detention, suspended for 4 months, and fined 4,000 yuan. Defendant Wei Committed the crime of dangerous driving and was sentenced to 1 month of detention, suspended for 2 months, and fined 2,000 yuan. Lu and Wei pleaded guilty in court and did not appeal.

Court warm reminder

There are several circumstances that also constitute the crime of dangerous driving

• First, in the process of drinking, the perpetrator knows that the driver must travel by car, but still strongly advises or coerces or stimulates him to drink, and does not give him a substitute driver after drinking.

• The second is the act of the perpetrator knowingly knowing that the driver has drunk alcohol, instigating, coercing or ordering the driver to drive a motor vehicle.

• The third is the act of the owner of the vehicle lending the borrower when he knows that the borrower is drunk and asks to drive the motor vehicle. Drunk driving is not only irresponsible for their own safety, but also disregarding the safety of others, for the safety of their own and the lives and property of others, we must remember to "drive without drinking, drinking without driving", do not take chances, try the law by example, and eventually fall into prison, harm others and harm themselves.

Law Popularization Small Class

There are also new provisions in the law on drunk driving and drunk driving penalties, and those who cause serious injury or death to drunk driving shall bear criminal responsibility and lose their personal freedom:

1. Drunk driving, temporarily withholding a driver's license for 6 months, and imposing a fine of 1,000 yuan to 2,000 yuan. Those who have previously been punished for drunk driving and drive drunk again shall be detained for not more than 10 days, and fined between 1,000 and 2,000 yuan, and have their driver's license revoked.

2. Drunk driving shall be restrained by the public security organs until drunk. The driver's license is revoked, criminal liability is pursued according to law, and the driver's license cannot be re-obtained within 5 years.

3. Driving a vehicle under the influence of alcohol shall be detained for 15 days, and shall be fined 5,000 yuan, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years.

4. Driving a vehicle drunk shall be restrained by the public security organ until he is drunk. The driver's license of the motor vehicle shall be revoked, criminal liability shall be pursued in accordance with law, and the driver's license shall not be re-obtained within 10 years. After obtaining a new driver's license, you are not allowed to drive an operating vehicle.

5. Where a major traffic accident occurs after drinking or driving drunk, which constitutes a crime, criminal responsibility shall be pursued in accordance with law. The driver's license is revoked and the driver's license cannot be re-obtained for life.

Article 133 of the Criminal Law of the People's Republic of China stipulates: Whoever violates the laws and regulations on the administration of transportation and thereby causes a major accident, causing serious injury or death to a person or causing major losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;

Source: Hubei Daily full media reporter Yuan Chaoyi, correspondent Du Lai

Source: Hubei Daily