Author |Zhu Huihongshi Xi lawyer **Company Law Detective.
This often happens in life: after drinking, let the substitute driver send it to the door of the community, and then the person himself drives into the internal road of the community and stops. Is the above behavior drunk driving?
Article 2 of the Road Traffic Safety Law states: "Vehicle drivers, pedestrians, and passengers within the territory of the People's Republic of China, as well as units and individuals related to road traffic activities, shall abide by this Law." Article 119 of the Road Traffic Safety Law stipulates that "roads" refer to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic.
Whether to allow the passage of unspecified vehicles in the society" is the key to judging whether the roads within the community are "roads" as defined in the Road Traffic Safety Law. If the community meets the condition of "allowing social motor vehicles to pass although it is within the jurisdiction of the unit", driving on the internal roads of the community after drinking alcohol is also drunk driving.
According to the view of the Guangdong Provincial Department of Justice, the types of communities are divided into open communities, closed communities, and semi-open and semi-closed communities.
The open community refers to the community where unspecified vehicles can pass freely, or the social vehicles do not need the consent of the owner to enter the community, but only need to register and pay the fee, then these two types of internal roads in the community belong to the "road" in the definition of the traffic safety law.
A gated community refers to a community where only the owner's vehicles are allowed to enter and exit, and this type of internal road in the community does not fall under the definition of "road" in the Road Traffic Safety Law.
Semi-open and semi-closed community refers to the community where social vehicles can enter the community only after obtaining the consent of the owner, and registering vehicle information or paying a certain fee. Because social vehicles entering the semi-open and semi-closed community need the consent of the owner, which has a certain specificity, the roads inside the semi-open and semi-closed community do not belong to the "road" defined in the Road Traffic Safety Law.
In addition, Article 77 of the Road Traffic Safety Law stipulates that: "If an accident occurs when a vehicle is passing outside the road, and the traffic management department of the public security organ receives a report, it shall handle it with reference to the relevant provisions of this Law." "If a traffic accident occurs while driving in a residential area, the perpetrator shall also bear the corresponding responsibility in accordance with the Road Traffic Safety Law.
Therefore, if you drink and drive on the internal roads of a closed community or a semi-open or semi-closed community, and no accident occurs, the Road Traffic Safety Law generally does not apply to the punishment.
Alcohol will paralyze the nervous system, so that drinkers have uncoordinated movements, unconsciousness and other neurological symptoms, driving after drinking has great hidden dangers to the personal safety and property safety of themselves and others, and driving on the roads in the community after drinking is also prone to accidents. Therefore, if you call a substitute driver after drinking, you should ask the substitute driver to send yourself to your residence and park the car before leaving.