Recently, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued a notice on the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated", clarifying the dividing line between the severity of drunk driving and the circumstances under which it will be dealt with severely. This notice has aroused widespread concern and discussion in the society, with some people believing that this is a connivance and relaxation of drunk driving, and some people think that it is a reasonable distinction and regulation of drunk driving. So, what exactly does this notice stipulate?Let's take a look.
The dividing line between the severity of drunk driving
The notice pointed out that if drunk driving has one of the following five circumstances, and there is no aggravating circumstance, it may be found that the circumstances are obviously minor and the harm is not great, and it is to be handled in accordance with the provisions of Article 13 of the Criminal Law and Article 16 of the Criminal Procedure Law, that is, no prosecution or no criminal punishment:
a) The blood alcohol content is less than 150 mg 100 ml;
2) Driving a motor vehicle for emergency purposes such as first aid for the injured or sick, and it does not constitute emergency evasion;
3) Driving a motor vehicle for a short distance in residential areas, parking lots, and other places due to moving a car, parking in a place, etc.;
4) 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 in order to be driven by another person, a short distance from a residential area, parking lot, or other place;
5) Other situations where the circumstances are obviously minor.
The common characteristics of these five situations are that the blood alcohol content of drunk drivers is low, the driving behavior of time, distance, speed, road conditions and other factors are more favorable, the degree of harm caused is less, and no traffic accidents or other serious consequences have occurred. Therefore, in these circumstances, the special provision of the Criminal Law that "the circumstances are obviously minor and the harm is not great" can be applied, and criminal responsibility is not pursued, but administrative punishment and education should still be given in accordance with law.
It is worth noting that the notice clarifies that the blood alcohol content of 150 mg and 100 ml is the dividing line between the severity and severity of drunk driving. This standard is consistent with the standard of drunk driving stipulated in China's Road Traffic Safety Law, and is also consistent with the common practice in the world. This means that as long as the blood alcohol content exceeds 150 mg and 100 ml, it cannot be determined that the circumstances are significantly minor and the harm is not great, but should be investigated for criminal responsibility in accordance with the law. This is also a warning and restraint for drunk drivers, asking them not to drive a motor vehicle after drinking alcohol to avoid irreparable losses.
Aggravated punishment for drunk driving
At the same time, the notice also stipulates that if drunk driving has any of the following 15 circumstances, which does not constitute another crime, it shall be dealt with heavily, that is, in accordance with the provisions of Article 133 of the Criminal Law, a sentence of short-term detention or controlled release, and a fine:
1) Causing a traffic accident and bearing full or primary responsibility for the accident;
2) Fleeing after causing a traffic accident;
3) Driving a motor vehicle without obtaining a motor vehicle driver's license;
4) Serious overcrowding, overloading, or speeding;
5) Driving after taking psychotropic drugs or substances controlled by the state;
6) Driving a motor vehicle to engage in passenger transport activities and carrying passengers;
7) Driving a motor vehicle to engage in school bus business and carrying teachers and students;
viii) Driving on a highway;
9) Driving a heavy truck;
10) Transporting hazardous chemicals and dangerous goods;
11) Evading or obstructing lawful inspections by public security organs;
12) Carrying out acts that obstruct justice, such as threatening, retaliating, enticing, or bribing witnesses, evaluators, or other persons, or destroying or fabricating evidence;
13) Having been seized or received an administrative punishment for driving a motor vehicle after drinking alcohol within the past two years;
14) Those who have been convicted of dangerous driving within five years or have been relatively non-prosecuted;
15) Other situations that require a heavier disposition.
The common characteristics of these 15 situations are that the blood alcohol content of the drunk driver is relatively high, the driving behavior is relatively unfavorable and other factors such as time, distance, speed, road conditions, etc., the degree of harm caused is relatively large, a traffic accident or other serious consequences have occurred, or there is other serious subjective intention or fault. Therefore, these situations should be severely punished in accordance with the law, so as to reflect the severe crackdown and punishment of drunk driving, and ensure road traffic safety and public interests.
Emergency evacuation for drunk driving
The circular also stipulates that if a person is drunk and has no choice but to drive a motor vehicle for emergency reasons such as first aid for the injured or sick, which constitutes an emergency evasion, it shall be dealt with in accordance with the provisions of Article 21 of the Criminal Law, that is, criminal responsibility shall not be pursued, but administrative punishment and education shall still be given in accordance with the law.
Emergency avoidance refers to the act of harming the national interest, the public interest or the lawful rights and interests of others as a last resort in order to avoid the infringement of the national interest, the public interest or the legitimate rights and interests of others by the current danger. The conditions for emergency evacuation are: (1) the existence of a current danger, that is, a situation that endangers national interests, public interests, or the lawful rights and interests of others has occurred or is about to occur;(2) The act is taken as a last resort, i.e., there is no other legal, reasonable or effective means to eliminate or mitigate the effects of the danger;(3) The conduct is commensurate with the danger, that is, the degree of harm caused by the act does not obviously exceed the degree of damage caused by the danger.
Therefore, if a person is intoxicated and has to drive a motor vehicle as a last resort for emergency situations such as first aid to injured or sick persons, if the above conditions are met, it can be deemed to be an emergency to avoid danger and criminal liability will not be pursued. However, this situation is very special and rare, and must be rigorously scrutinized and proven, and cannot be abused at will. Moreover, even if it constitutes an emergency avoidance, drunk drivers should still be given administrative penalties and education in accordance with the law to warn them not to drive a motor vehicle after drinking again.
4. The social impact of drunk driving
Drunk driving is an extremely dangerous driving behavior, which not only endangers one's own life safety, but also threatens the legitimate rights and interests of others, and may even cause significant social losses and injuries. According to statistics, the number of traffic accident deaths caused by drunk driving in China accounts for about 10% of the total number of deaths every year, and drunk driving has become a major hidden danger and stubborn disease of road traffic safety. Therefore, drunk driving must be severely cracked down on and punished, and adultery cannot be tolerated, let alone connived at laxity.
At the same time, drunk driving should also be reasonably distinguished and regulated, and it cannot be one-size-fits-all, nor can criminal means be abused. The purpose of the circular is to clarify and refine the demarcation line between the severity of drunk driving and the circumstances of severe punishment on the basis of resolutely cracking down on drunk driving, so that the criminal punishment of drunk driving will be more in line with the principles and spirit of the law, more reflective of fairness and justice, more conducive to preventing and reducing the occurrence of drunk driving, and more conducive to ensuring road traffic safety and public interests.
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