Drivers who have been penalized for drunk driving
Often, they learn their lessons and change their ways
But some people still have luck
Become a "drunken nail household"
The two cases mentioned today are very coincidental
The two of them were there
It was seized at the same time and place
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Case Review I
At about 22 o'clock on April 6, 2024, when Men Mouyuan drove an unlicensed electric four-wheeled vehicle to the west side of the intersection of Laoweigao Road and Min'an Road in Guangrao County, he was seized by the police on duty on suspicion of driving a motor vehicle after drinking.
After a breath test at the scene, the alcohol content in Door's body was 95mg/100ml, which belonged to driving a motor vehicle while drunk. Subsequently, the police on duty took Men to the hospital to collect blood samples. After identification, ethanol was detected in the venous blood from a certain distance from the door, with a content of 113.56mg/100ml, which was suspected of dangerous driving.
After verification, Men Mouyuan was found and punished on May 15, 2022 and July 19, 2022 respectively for driving a motor vehicle while drunk and driving without a license, and was investigated for criminal responsibility. Men Mouyuan is an unlicensed and drunk driving motor vehicle again this time, and will face more serious criminal penalties.
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Case review II
At about 23 o'clock on April 6, 2024, Zheng Moukai drove a small car with a license plate number of Lu LSZ123 to the west side of the intersection of Laoweigao Road and Min'an Road in Guangrao County, and was seized by the police on duty on suspicion of driving a motor vehicle after drinking.
After a breath test at the scene, the alcohol content in Zheng Moukai's body was 95mg/100ml, which belonged to driving a motor vehicle while drunk. Subsequently, the police on duty took Zheng Moukai to the hospital to collect blood samples. After identification, ethanol was detected in Zheng Moukai's venous blood, with a content of 108.84mg/100ml, which was suspected of dangerous driving.
After verification, Zheng Moukai had his driver's license revoked on June 10, 2022 for dangerous driving, and was investigated for criminal responsibility. Zheng Moukai still drove during the revocation of his driver's license this time, which is unlicensed driving and will face more serious criminal penalties.
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Legal costs
According to the relevant provisions of the Road Traffic Safety Law, a blood alcohol content greater than or equal to 20mg/100ml is considered drunk driving, and 80mg/100ml is classified as drunk driving.
Drunk driving and drunk driving traffic violations have to pay heavy legal costs:
Drinking and driving = 6 months of suspension of motor vehicle driving license + 1000-2000 yuan fine + 12 points at a time.
Drinking and driving again = up to 10 days of detention + 1000-2000 yuan fine + revocation of driver's license.
Drinking and drunk driving in a major traffic accident constitutes a crime = criminal responsibility + revocation of driver's license + lifetime driving ban.
Drinking and driving a motor vehicle = 15 days of detention + 5,000 yuan fine + revocation of driver's license + 5 years of non-re-obtaining of driver's license.
Drunk driving = restraint until sober up + revocation of driver's license + prohibition of re-obtaining driver's license for 5 years + criminal liability.
Driving a commercial motor vehicle while intoxicated = restrained until sobering up + revocation of the motor vehicle driver's license + investigation of criminal liability + no re-obtaining of a motor vehicle driver's license for 10 years + no driving of a commercial motor vehicle after re-obtaining a driver's license.
In mainland China, drunk driving offenders, regardless of whether the circumstances are heinous or whether they cause consequences, are convicted of the crime of "dangerous driving" and sentenced to one to six months' detention and a fine.
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Economic costs
The economic cost of drunk driving can cost you money in minutes:
Insurance does not pay: Article 6 of the Insurance Law stipulates that the insurer shall not be liable for compensation for the loss of the insured vehicle caused by any reason under the following circumstances: (4) the driver uses the insured vehicle after drinking, smoking or injecting drugs, or being intoxicated by drugs.
Huge compensation: If a drunk driver causes a traffic accident, the responsibility in the traffic accident will be increased, and if one person dies, the relevant compensation to the family of the deceased must be borne.
If a traffic accident occurs while drunk driving causes the death of one person, the compensation standard in 2019 takes Shanghai as an example: death compensation: urban = 1,360,680 yuan (the maximum amount), which does not include funeral expenses, living expenses of dependents, etc. If it is settled, the cost may be higher, and compensation will be required by the victim's family.
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Career costs
Public law inspection and public officials are double-opened. According to the regulations, party members and state officials who violate the law of drinking and driving will be notified to the discipline inspection and supervision organs and subject to disciplinary investigation and punishment in addition to being punished by traffic laws and regulations.
Driving a motor vehicle while intoxicated constitutes the crime of dangerous driving under Article 133 of the Criminal Law.
Paragraph 2 of Article 38 of the Constitution of the Communist Party of China stipulates that "Party members who have seriously violated criminal laws must be expelled from the Party." ”
The first paragraph of Article 33 of the "Regulations on Disciplinary Punishment of the Communist Party of China" stipulates that "those who have been sentenced to the principal punishment (including a suspended sentence) provided for in the Criminal Law for intentional crimes" shall be expelled from the Party.
Paragraph 2 of Article 17 of the Regulations on the Punishment of Civil Servants of Administrative Organs stipulates: "Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they shall be dismissed. ”
Therefore, if the standard for drunk driving is met, the punishment of expulsion from the party and dismissal from public office should be given in accordance with the above provisions.
It should be noted that Party members and cadres who are exempted from criminal punishment for drunk driving should also be removed from their positions within the Party in accordance with Article 32 of the Regulations on Disciplinary Actions of the Communist Party of China.
Revocation of lawyers' and physicians' licenses: According to article 49 of the Lawyers Law, "where a lawyer receives a criminal punishment for an intentional crime, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke his lawyer's practice certificate."
The employer has the right to terminate the labor contract: Article 39 of the Labor Contract Law of the People's Republic of China stipulates that the employer may terminate the labor contract if the employee is investigated for criminal liability in accordance with the law.
No compensation for work-related injuries: If an employee is dismissed by the employer without compensation, and the employee is injured or injured at work due to drunkenness, it will not be recognized as a work-related injury and will not enjoy the national work-related injury protection.
Citizens are not allowed to join the party or apply for the state civil service examination.
Serving in the military or applying for a military school cannot pass political censorship.
Drivers engaged in taxis, trucks, passenger vehicles and other operating industries are at risk of losing their jobs, especially drunk driving, and will be banned from operating for life.
As the legal representative, it is impossible to smoothly apply for a business license: The "Provisions on the Administration of the Registration of the Legal Representative of an Enterprise" stipulates that a person who is under the execution of a criminal penalty or is being subject to criminal compulsory measures shall not serve as the legal representative, and the enterprise registration authority shall not approve the registration.
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Other costs
If you drive drunk or drunk again, you will lose your personal liberty even if you do not have an accident, and you will face criminal penalties of up to 10 days of administrative detention or up to 6 months of criminal detention. Where an accident constitutes the crime of causing a traffic accident, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; if he escapes or there are other heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; and if he causes death as a result of escape, he shall be sentenced to fixed-term imprisonment of not less than seven years.
The drunk driving offender will be held criminally responsible, and the whole family will bear a huge psychological burden for him. It is especially easy to cause a shadow on the children in the family, because the parents are sentenced for drunk driving, the criminal record is accompanied by life, and the children apply for civil service examinations, go to military and police schools, join the party, etc., and are more or less restricted in political trials.
Mental cost, once drunk driving and drunk driving are investigated, because they will face various penalties, mental torture is inevitable.
"Drunk driving" will be included in the personal credit record, and loans, spending may be restricted. The public security organs will connect with the municipal government's credit reporting management department, promptly transfer information and punishment data on the investigation and handling of "drunk driving" violators, and include them in personal credit records, forming a joint disciplinary action mechanism.
Affect the application for a visa to go abroad. Drunk driving has been included in the criminal law, which will leave a criminal record for the parties, so it will affect the passage of the political trial. To apply for an immigrant visa, you need to provide a certificate of no criminal record, otherwise the visa will be refused.
Finally, we would like to remind everyone that even if you do not drink and drive, it may constitute a joint crime of dangerous driving, generally in the following situations:
In the course of drinking, the perpetrator clearly knows that the driver must travel by car, but still vigorously persuades him to drink or coerces or stimulates him to drink, and does not find a substitute driver for him after drinking.
The perpetrator instigates, coerces or orders the driver to drive a motor vehicle, knowing that the driver is drinking.
The act of lending the vehicle to the borrower even though the owner of the vehicle knows that the borrower is intoxicated and asks to drive the vehicle.
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Skynet is magnificent, negligent but not leaky
Traffic offenders cannot escape the punishment of the law
Investigation and punishment are not the goal, but ensuring safety is
Please keep this in mind
It's okay to eat, it's okay to drink
Driving after drinking is definitely not a good thing