Dangerous driving offenses
Since his conviction in 2011
The state's crackdown on drunk driving
It has been a stern posture
“喝酒不开车、开车不喝酒”
It has gradually become a social consensus
However, there were people who clearly did not drive
However, he was punished by law for the crime of dangerous driving
What's going on?
Details of the case
Defendant Jiang X is a staff member of a KTV, and another defendant Zhang, who has always liked to be lively, and Zhang X calls friends to go to the KTV from time to time to have dinner and sing.
On the evening of November 19 last year, Zhang and his friends drank a lot of wine at dinner, but he didn't think so, and drove his friends to Jiang's KTV to continue entertainment after dinner. In the meantime, the two drank happily and played until the early morning of the next day.
At this time, Zhang felt that he was too strong to drink, and Jiang proposed to be driven by her. Zhang handed over his car keys to Jiang, and she drove the car to carry Zhang and others out of the KTV.
So, after drinking, the two people drove on the road with a fluke mentality. Not long after driving out, Jiang was drunk, and the car hit the guardrail in the middle of the road, and was subsequently seized by the traffic police.
After identification, Jiang's blood alcohol concentration was 206 mg/100 ml, which constituted drunk driving. The accident caused a loss of 2,100 yuan to the guardrail. After being brought into the case, defendants Zhang and Jiang truthfully confessed the facts of the crime and pleaded guilty at trial.
Court decision
The court held at trial that the defendant Zhang clearly knew that the defendant Jiang had drunk a lot of alcohol, but still handed over his car to Jiang to drive on the road, and that the actions of Jiang and Zhang constituted the crime of dangerous driving.
According to the theory of joint crime in the Criminal Code, the act of providing tools in the case of knowing that another person has committed a crime is an aider and can be established as a joint crime.
In this case, defendants Zhang and Jiang both played a major role and were the principal offenders. However, the two defendants voluntarily surrendered and truthfully confessed their crimes, and after taking into account various factors, defendant Jiang X was investigated for criminal responsibility and sentenced to one month's short-term detention and fined 2,000 yuan; defendant Zhang, who was in the same car, was also sentenced to one month's detention and fined 2,000 yuan for committing the crime of dangerous driving (accomplice).
Links to legal provisions
According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, a person who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
A person who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and his motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated according to law;
In which cases
What about being an accomplice to the crime of dangerous driving?
In judicial practice
A joint offense of dangerous driving
It can be divided into the following situations
First, in the process of drinking, the perpetrator clearly knows that the driver must travel by car, but still strongly persuades him to drink or coerces or stimulates him to drink, and does not find a substitute driver for him after drinking.
The second is the perpetrator's act of instigating, coercing or ordering the driver to drive a motor vehicle knowing that the driver was drinking.
The third is the act of lending the vehicle to the borrower when the owner of the vehicle knows that the borrower is drunk and asks to drive the motor vehicle.
Xuzhou traffic police reminded everyone
Do not lend vehicles to intoxicated people
Do not force drivers to drink alcohol
Do not assign or coerce an intoxicated driver
Driving a motor vehicle
Failure to do so will be punished by law!
Over here
Uncle traffic police also talked to everyone again
Calculate the "account" of drunk driving
Drunk driving, drunk driving
It is a neglect of one's own safety
It is also a disregard for the lives of others
No matter how much alcohol you drink
If you are lucky
Touching the red line of "drunk driving".
There will be a heavy legal price to pay