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Since December 28, the "Opinions on Handling Criminal Cases of Dangerous Driving while Intoxicated", that is, the "New Regulations on Punishment for Drunk Driving", has been officially implemented. Compared with the previous provisions, what adjustments made in the Opinions need special attention?
The drunk driving circumstance is minor.
may not be prosecuted or exonerated on conviction.
In China, drunk driving has been criminalized for more than ten years. The "New Regulations on Punishment for Drunk Driving", which came into effect on the 28th, clearly states 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 and 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. Where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, the case is not to be filed.
Article 12 of the "Opinions" stipulates that where drunk driving has any of the following circumstances, and does not have the circumstances provided for in Article 10 of these Opinions, it may be found that the circumstances are obviously minor and the harm is not great.
Blood alcohol content less than 150 mg 100 ml;
Driving a motor vehicle for emergency purposes such as first aid for the injured or sick, and does not constitute emergency evacuation;
Driving a motor vehicle for a short distance in residential areas, parking lots, and other places due to moving a car, parking in a parking position, etc.;
Driving a motor vehicle for a short distance to a residential area, parking lot, or other place, or driving a short distance from a residential area, parking lot, or other place for the purpose of being driven by another person;
Other circumstances 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 5 of the Opinions also clearly stipulates the determination of "road" in drunk driving cases.
Whether a road section within the jurisdiction of a government organ, an enterprise or public institution, a factory or mine, a campus, a residential area or other unit is identified as a "road" shall be judged on the basis of whether it is "public" and whether it "allows social motor vehicles to pass". Where only motor vehicles within the unit and specific visiting motor vehicles are allowed to pass, they may not be identified as "roads".
Fifteen types of drunk driving situations need to be dealt with severely.
Drunk driving is significantly minor and may not be treated as a crime. However, at the same time, the "Opinions" also stipulate that 15 types of drunk driving situations need to be dealt with severely, including:
Causing a traffic accident and bearing full or primary responsibility for the accident;
Fleeing after causing a traffic accident;
Driving a car without obtaining a motor vehicle driver's license;
Serious overcrowding, overloading, and speeding;
Driving after taking psychotropic drugs or products controlled by the state;
Driving a motor vehicle to engage in passenger transport activities and carrying passengers;
Driving a motor vehicle to engage in school bus business and carrying teachers and students;
Driving on the highway;
Evading or obstructing lawful inspections by public security organs;
Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within two years;
Those who have been convicted of dangerous driving within five years or have been relatively not prosecuted.
The "Opinions" require that drunk driving at the same time constitute the crime of causing a traffic accident and other crimes, and require that the crime with a heavier punishment be convicted and strictly investigated for criminal responsibility.
Probation is generally not applicable to the ten types of drunk driving.
On the basis of stipulating 15 situations that require heavier punishment, the Opinions also stipulate 10 types of drunk driving situations that generally do not apply to probation, including:
Causing a traffic accident that causes minor or minor injuries to others, and bears full or primary responsibility for the accident;
Causing a traffic accident and bearing full or primary responsibility for the accident and failing to compensate for the loss;
Fleeing after causing a traffic accident;
Driving a car without obtaining a motor vehicle driver's license;
Blood alcohol content of more than 180 mg of 100 ml;
Employing violent means to resist lawful inspections by public security organs, or carrying out acts that obstruct the administration of justice;
Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within five years;
Those who have been convicted of dangerous driving or have been relatively non-prosecuted.
The "Opinions" also stipulate that if there is a traffic accident, a dangerous behavior, and a deep subjective malice, etc., the punishment shall be severe.
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