Wen Dai was the first to serve.
When it is strict, it is strict, and when it is wide, it is wide. 】
On December 18, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" (hereinafter referred to as the "Opinions"). The Opinions make it clear that if the circumstances of drunk driving are minor, no prosecution may be made or conviction and punishment may be waived;Where the circumstances are obviously minor and the harm is not great, it may not be handled as a crime, and administrative punishment may be given in accordance with the provisions of the Road Traffic Safety Law.
Some netizens have misunderstood the article in the "Opinions" that "if the circumstances of drunk driving are minor, they may not be prosecuted or convicted and exempted from punishment", and they are worried that they will indulge drunk driving. The promulgation of the "Opinions" this time is not a "one-sided net" for drunk driving, but a premise that "the circumstances are minor", so that "no prosecution or conviction and punishment can be waived".
The opinion is clear, like "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.;Where a motor vehicle is driven by another person to a residential area, parking lot, or other place for a short distance to take over the driver, or for the purpose of being driven by another person, a short distance from a residential area, parking lot, or other such place. "It can be found that the circumstances are obviously minor and the harm is not great. Although the driver is drunk driving, the subjective malice is not great, and the harm caused is small, and he "can not be prosecuted or convicted and exempted from punishment", which also follows the principle of proportionality of punishment.
At the same time, do not assume that "parking a motor vehicle in a parking lot or other place for a short distance" is not drunk driving, which leads to indulging in such drunk driving behavior. In fact, "short-distance maneuvering" is still drunk driving, but the circumstances are minor and the harm is not great, if the driver knowingly commits the crime, or even repeats the crime, or the harmful result is caused by this, the driver still has to bear legal responsibility.
When it is strict, it is strict, and when it is wide, it is wide, so as to achieve precise strikes, which is also the purpose of the "Opinions". "If the case of drunk driving is minor, it may not be prosecuted" embodies the principle of blending leniency and severity.
Editor: Qingqi.
Second trial: Dai Ping, Tang Jianhua.
Third trial: Ye Xinfu.