Find a substitute driver after drinking
But he was still detained for drunk driving
Why is that?
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Recently, the Shanghai Jinshan District People's Court (hereinafter referred to as the Jinshan District People's Court) concluded a criminal case of dangerous driving that was seized for canceling the substitute driver halfway and driving drunk. Defendant Wang was sentenced to three months' detention and fined 6,000 yuan for dangerous driving.
Brief facts of the case
On the evening of October 6, 2023, Wang dined at a shopping mall in Jinshan, during which he drank a bottle of rice wine and two bottles of beer. At around 22 o'clock that night, Wang sought a substitute driver through a substitute driving platform, and Chen carried out the substitute driving business after receiving the order through the platform. Chen drove according to the instructed route, and after passing through several intersections, Wang thought that Chen deliberately took a long detour, so he asked Chen to get out of the car and end the driving business.
After getting out of the car, Wang drove by himself, and after driving a distance, he was seized by the public security, and after the blood extraction and identification of Wang, his blood alcohol content was as high as 236 mg/100 ml, exceeding the legal limit, and it belonged to drunk driving a motor vehicle. Defendant Wang truthfully confessed the above facts after arriving at the case, and pleaded guilty and accepted punishment. After trial, the Jinshan District People's Court held that the defendant Wang was driving a motor vehicle while drunk on the road, and his conduct constituted the crime of dangerous driving. They truthfully confess their crimes after being brought into the case, and may be given a lighter punishment. Defendant Wang X admits guilt and accepts punishment, and may be given a lenient disposition. In the end, the people's court sentenced the defendant Wang to three months' detention and a fine of 6,000 yuan for the crime of dangerous driving.
What the judge said
Zhou Wei: Senior Judge of the Criminal Trial Division of the Jinshan District People's Court of Shanghai
"Don't drink and drive, don't drink while driving" needs every car owner to keep in mind at all times, don't take chances, risk yourself, and defy the law. Although the defendant in this case, Wang, had the consciousness of asking for a substitute driver after drinking, he did not always tighten this string, and finally violated the criminal law and paid a painful price. From December 28, 2023, the 2013 version of the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated, which has been in effect for 10 years, will be repealed, and the latest Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated (hereinafter referred to as the New Rules) will come into effect. The new regulations require the case-handling organs to implement differentiated treatment according to the specific circumstances of the case, so that the punishment should be lenient, the severity should be severe, and the punishment should be the crime, and adhere to the combination of punishment and prevention, so as to prevent and reduce the occurrence of drunk driving behavior at the source.
1. The drunkenness standard has not been loosened, and the new regulations show that the drunkenness standard of the new judicial temperature regulations has not changed, and the blood alcohol content is still 80 mg/100 ml, as well as the original standard. However, under the original standard, a more flexible approach has been adopted to optimize the criterion of commitation and exit. If the blood alcohol content is less than 150 mg/100 ml, and there are no circumstances provided for in Article 10 of the New Regulations, that is, if there is no serious speeding, driving without a license, etc., it can be found that the circumstances are obviously minor and the harm is not great, and it will not be treated as a crime. In addition, in view of the phenomenon of moving the car and parking in reality, the new regulations also make provisions, especially the soft justice is that if the motor vehicle is driven for emergency reasons such as first aid for the injured and sick, the new regulations clearly stipulate that those who meet the requirements of emergency avoidance shall be dealt with in accordance with the emergency avoidance clause, and those who do not meet the emergency avoidance requirements may still not be treated as a crime if they meet certain conditions. Article 10 of the new regulations lists as many as 15 types of heavier punishments, such as driving a motor vehicle without a license, escaping after causing a traffic accident, serious overloading and speeding, driving on the highway, etc. In addition, Article 14 of the new regulations lists 10 circumstances under which suspended sentences are not applicable, such as blood alcohol content exceeding 180 mg/100 ml, escaping after causing a traffic accident, and driving after taking psychotropic or narcotic drugs controlled by the state. In this case, the defendant Wang's blood alcohol content reached 236 mg/100 ml, far exceeding 180 mg/100 ml, and the people's court finally sentenced him to three months' criminal detention. 3. In the event of a dispute with the substitute driver, it is necessary to treat the daily travel rationally, and if there is a dispute with the substitute driver, the owner should remain rational. First, do not take extreme measures to interfere with the normal driving of the substitute driver. This can lead to major traffic accidents and cause more harm to yourself and others. Second, handle disputes rationally and do not act rashly. In this case, after Wang had a dispute with the substitute driver, he was sentenced because he did not take the correct way and chose to drive drunk. Nowadays, most of the substitute drivers are managed by the platform company, and it is recommended that the car owners can complain or reflect the situation to the platform company in view of the problems of some substitute drivers sitting on the ground to raise prices, take long detours, and leave halfway, so as to protect their legitimate rights and interests in accordance with the law.
Links to legal provisions
1. Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine. (1) Chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (3) Engaging in school bus business or passenger transportation, seriously exceeding the rated occupant to carry passengers, or seriously exceeding the prescribed speed; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. II. Article 10 of the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" Where drunk driving has any of the following circumstances and does not constitute another crime, it shall be dealt with heavily: (1) causing a traffic accident and bearing full or primary responsibility for the accident; (2) fleeing after causing a traffic accident; (3) driving a car without obtaining a motor vehicle driver's license; (4) seriously overcrowding, overloading, Speeding driving; (5) Driving after taking psychotropic or narcotic drugs controlled by the state; (6) Driving a motor vehicle to engage in passenger transport activities and carrying passengers; (7) Driving a motor vehicle to engage in school bus business with teachers and students on board; (8) Driving on a highway; (9) Driving a heavy truck; (10) Transporting hazardous chemicals or dangerous goods; (11) Evading or obstructing the inspection of public security organs in accordance with law; (12) Threatening, retaliating, enticing, or bribing witnesses; Evaluators and other persons or destroying or fabricating evidence or other conduct that obstructs justice; (13) Those who have been found to have been found or received an administrative punishment for driving a motor vehicle after drinking alcohol within two years; (14) Those who have been convicted of dangerous driving within five years or have been relatively not prosecuted; (15) Other situations that require a heavier disposition. Article 12: In any of the following circumstances, and there are no circumstances provided for in article 10 of these Opinions, drunk driving may be found to be obviously minor and the harm is not great, and it is to be handled in accordance with the provisions of Criminal Law article 13 and article 16 of the Criminal Procedure Law: (1) the blood alcohol content is less than 150 mg/100 ml; (2) driving a motor vehicle for emergency purposes such as first aid to the injured or sick, and it does not constitute emergency evasion; (3) moving a vehicle in a residential area, parking lot, or other place for causing a vehicle, (4) Driving a motor vehicle for a short distance in a residential area, parking lot, or other such place, or driving a short-distance driver from a residential area, parking lot, or other such place, or driving a short distance from a residential area, parking lot, or other place in order to be driven by another person; (5) Other situations where the circumstances are obviously minor. Where, after being drunk, for emergency reasons such as first aid for injured or sick persons, they have no choice but to drive a motor vehicle, and it constitutes an emergency evasion, it is to be handled in accordance with the provisions of Criminal Law article 21. Article 14: Suspended sentences are to be announced in accordance with law for drunk driving defendants who meet the requirements of Criminal Law article 72. In any of the following circumstances, a suspended sentence is generally not applicable: (1) causing a traffic accident that causes minor or minor injuries to others and bears full or primary responsibility for the accident; (2) causing a traffic accident and bearing all or the main responsibility for the accident and failing to compensate for losses; (3) fleeing after causing a traffic accident; (4) driving a motor vehicle without obtaining a motor vehicle driver's license; (5) having a blood alcohol content of more than 180 mg/ 100 milliliters; (6) Driving after taking psychotropic or narcotic drugs controlled by the state; (7) Employing violent means to resist lawful inspection by public security organs, or committing acts that obstruct justice; (8) Having been seized or receiving an administrative punishment for driving a motor vehicle after drinking alcohol within five years; (9) Having been convicted of dangerous driving or being relatively not prosecuted; (10) Other circumstances where the circumstances are heinous.
Text: Liang Zhenhai Source: Shanghai Jinshan District People's Court, Shanghai High Court Editor: Shi Hui