Recently
With the increasing awareness of citizen security
It has become a social consensus that you can't drive after drinking
However, drunk on roads such as underground parking lots
Driving, moving a car, etc
Is it "drunk driving"?
(Image source network invasion and deletion)
One day, Mr. Wang drove to a shopping mall and restaurant to meet with friends, during which he drank and talked. Mr. Wang knew that he could not drive after drinking, so he made an appointment for a substitute driver after the party and agreed to meet at the entrance of the underground garage of the mall. Mr. Wang then drove from the underground parking lot to the exit, where the traffic police on duty stopped his vehicle for inspection.
After a breath test and a blood test, Mr. Wang's alcohol content reached the standard for drunk driving. The public security organs ascertained that Mr. Wang was the owner of the motor vehicle, and the nature of the use of the vehicle was registered as a reservation for passenger transportation. The public security organs found that he was driving a motor vehicle while intoxicated, and imposed an administrative penalty of revoking his motor vehicle driver's license.
Mr. Wang was dissatisfied with the administrative penalty, arguing that the public security organ had violated legal procedures in the process of collecting evidence in this case, resulting in insufficient primary evidence and erroneous application of law, so he sued the Shanghai Railway Transport Court and requested the court to revoke the administrative penalty decision.
After trial, the court held that the defendant provided a video of the law enforcement recorder, which proved that the law enforcement process of the plaintiff taken by the police to the hospital to draw blood, seal, confirm, and send it for inspection complied with the relevant regulations, and that the blood samples sent for testing met the conditions for identification; According to the relevant provisions of the Road Traffic Safety Law, the legal consequences of driving a motor vehicle while intoxicated are clear and there is no room for discretion by the administrative authorities, so the court ruled to dismiss the plaintiff's claim.
The judge said
Driving a motor vehicle in a public parking lot after drinking alcohol
It is also drunk driving
The underground parking lot of the shopping mall involved in this case
It is a public parking lot
Social motor vehicles are allowed to pass
Clearly falls into the category of "roads".
In accordance with the provisions of Article 91 of the Road Traffic Safety Law
As long as there is alcohol consumption
The act of driving a motor vehicle (commercial motor vehicle).
It is "drunk driving"
Driving a motor vehicle while intoxicated (commercial motor vehicle).
This constitutes "drunk driving"
The public security organs determined his driving behavior in accordance with law
Falls under the category of "driving a commercial motor vehicle while intoxicated"
and made a penalty decision to revoke Mr. Wang's motor vehicle driver's license
It complies with the provisions of Article 91 of the Road Traffic Safety Law
Applicable law is correct
From December 28, 2023
"Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated"
That is, the "New Regulations on Punishment for Drunk Driving" was officially implemented
After the implementation of the new regulations
The act of "driving a motor vehicle in a parking lot after drinking".
Is there criminal liability?
The "New Regulations on Penalties for Drunk Driving" clearly state that if a motor vehicle is driven on the road and the breath alcohol content test shows that the blood alcohol content reaches 80 mg/100 ml or more, the public security organ shall decide whether to file a case in accordance with the provisions of the Criminal Procedure Law and these Opinions.
The circumstances are obviously minor and the harm is not great
Where it is not considered a crime, the case is not to be filed
For example, driving a motor vehicle for a short distance in a residential area, parking lot, or other place for moving a car, parking in a parking place, etc., driving a motor vehicle for a short distance from a residential area, parking lot, or other place for a short distance to be driven by another person, or driving out of a residential area, parking lot, or other place for a short distance in order to be driven by another person;
Of course, the new regulations are also clear
15 types of drunk driving situations that need to be dealt with severely
There are 10 types of drunk driving situations in which probation is generally not applicable
Drivers are reminded here
Drink alcohol and don't drive
Don't drink while driving
拒绝侥幸
Always be vigilant
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Transferred from: Shandong High Law