When family and friends get together, it is inevitable that they want to have a drink, drunk driving has new regulations, and the alcohol content standard has been relaxed.
Poke the audio, and the anchor will reveal it for you......
Typical cases
In November 2023, Xiao Tang and his friends sang at a KTV in the city and drank more than a dozen glasses of foreign wine mixed with drinks. It was early in the morning after everyone drank and left, because his friend's house was relatively close, Xiao Tang proposed to drive his friend home, but he didn't expect to find the traffic police checking drunk driving halfway through the drive. In desperation, Xiao Tang noticed a small alley on his right, and immediately turned and accelerated into the alley.
Xiao Tang's behavior attracted the attention of the traffic police, and he was soon seized by the traffic police. After identification, Xiao Tang's blood alcohol content was 92.7mg/100ml.
After trial, the court held that the defendant's blood alcohol content in this case reached the standard for drunk driving, and he evaded the inspection of the public security organs in accordance with the law, and his drunk driving behavior constituted the crime of dangerous driving, and sentenced him to one month of criminal detention and a fine of 3,000 yuan. The judgment has taken legal effect.
Sha anchor said
On December 28, 2023, the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Handling Criminal Cases of Dangerous Driving While Intoxicated" (hereinafter referred to as the "Opinions") came into effect. The "Opinions" reiterate that driving a motor vehicle on the road and the breath alcohol content test shows that the blood alcohol content reaches 80mg/100ml or more, it is drunk driving. At the same time, Article 12, Paragraph 1, Item 1 of the Opinions stipulates that when the driver's blood alcohol content is less than 150mg/100ml and does not have the circumstances specified in Article 10 of these Opinions, 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.
Compared with the 80mg/100ml blood alcohol content required by the standard for the crime of drunk driving, the "Opinions" exempt the blood alcohol content of less than 150mg/100ml as a crime, which has been relaxed to a certain extent. However, it should be noted that this relaxation is conditional, requiring that the perpetrator's blood sample alcohol content is less than 150mg/100ml, and that there must be no of any of the circumstances provided for in article 10 of the Opinions. Otherwise, the perpetrator will still be held criminally responsible.
Xiao Tang's blood test result was 92.7mg/100ml, which was also lower than 150mg/100ml, but his behavior of changing his driving route and evading the inspection of the public security organs is the eleventh aggravating circumstance in Article 10 of the Opinions, so Xiao Tang's behavior also constitutes the crime of dangerous driving and should bear the corresponding criminal punishment.
Here, we also remind the majority of drivers that in addition to the above circumstances, the "Opinions" will also take 15 behaviors such as hit-and-run and driving without a license as aggravating circumstances. There are 10,000 roads, and safety comes first! Refusing to drink and drive, driving in a standardized manner, accepting inspections in accordance with regulations, and actively handling accidents in accordance with the law are not only responsible for others, but also responsible for one's own lives and property.
Reporter: Chang Junqing, Wang Sha