Drunk driving is a serious traffic offense that not only endangers the safety of one's own life and property and that of others, but also affects social order and public interests. According to the provisions of Article 133 of the Criminal Law of the People's Republic of China, anyone who drives a motor vehicle while intoxicated shall be sentenced to short-term detention and a concurrent fine;where the circumstances are more serious, a sentence of up to two years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine.
However, in actual judicial practice, the sentencing standards for the crime of drunk driving and dangerous driving are not uniform, and some cases are found to be obviously minor and are not convicted or exempted from criminal punishmentIn some cases, it is found that the circumstances of the crime are relatively minor or minor, and a suspended sentence or commutation may be applied in accordance with law. So, how to distinguish between drunk driving and other situations where the circumstances are obviously minor and different?Let's break it down.
First of all, we need to clarify what is meant by the fact that the circumstances of the crime are obviously minor. According to the "Guiding Opinions on Sentencing for Common Crimes (2) (Provisional)" (hereinafter referred to as the "Guiding Opinions (2)") promulgated by the Supreme People's Court, where the circumstances are obviously obvious and slight and the harm is not great, they are not to be convicted and punished;Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived." There is no specific numerical standard for "not causing much harm" and "minor crime" here, but the following aspects should be comprehensively considered:
Degree of intoxication: The amount of ethanol that can be detected in the blood. According to the "Guiding Opinions (II)", for those with a blood ethylethanol content of less than 100 mg 100 ml, a weight of more than 50 kg, and an age of 18 years old, Persons who do not have a special status such as a mental disorder or a special occupation or a special occupation or a special occupation or a special occupation or a special occupation or other special occupation or other special status or other eligibility or other eligible persons, when driving a motor vehicle on the road, the blood ethyl alcohol content reaches 005 mg More than 100 ml is considered to be driving a motor vehicle after drinking alcohol.
Driving time and distance: The time and distance traveled from the start to the end of the driving vehicle.
Driving behavior and consequences: whether there is a violation of traffic rules, whether there is a traffic accident, whether there is a person or property damage. According to the "Guiding Opinions (II)", if there is no violation of traffic rules, no traffic accidents, no damage to personnel or property, no endangerment of public safety or public interests, etc., the blood ethanol content reaches 0 when driving a motor vehicle on the road08 mg More than 100 ml is considered to be driving a motor vehicle while intoxicated.
To sum up, if a drunk driving case meets the above three conditions at the same time, then it can be determined that the circumstances of the crime are obviously minor, and no conviction and punishment or criminal punishment will be waived. For example, at about 10 o'clock in the evening, after drinking a bottle of beer, he drove a car for about 3 kilometers in the community, without violating traffic rules, without traffic accidents, without making **personnel ** or property damage, and when he was intercepted and checked by the traffic police, the ethanol content in his blood was 009 mg 100 ml, this situation can be determined that the circumstances of the crime are obviously minor, and no conviction or punishment or criminal punishment will be waived.
Of course, this does not mean that drunk driving can be left unchecked and punished by the law. In cases of drunk driving where the circumstances of the crime are obviously minor, although the punishment of conviction or criminal punishment is not waived, the corresponding administrative responsibilities must still be borne in accordance with the law, such as revocation of the driver's license, fines, temporary seizure of the vehicle, etc. In addition, for drunk driving cases where the circumstances of the crime are relatively minor or minor, criminal penalties such as criminal detention, fines, fixed-term imprisonment, and suspended sentences must still be imposed in accordance with the law. Therefore, drunk driving is no longer uniformly sentenced, but drunk driving is still an illegal act, which must be highly valued by the society, strictly abide by traffic laws, put an end to drunk driving, and protect the safety of yourself and others.