Will drunk driving in public institutions be expelled?

Mondo Social Updated on 2024-02-17

Are the staff of public institutions necessarily dismissed from public office because they drink and drive? That's not necessarily enough.

If you are arrested for drunk driving, whether you are suspended or detained, you are very likely to be dismissed from public office, and if you are convicted and exempted, or if you are not sentenced, you will not be dismissed from public office. On what basis is this said?

In any of the following circumstances, public employees who commit crimes based on article 14 of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" implemented on July 1, 2020 are to be dismissed: (1) Those who have been sentenced to controlled release, short-term detention, or fixed-term imprisonment or higher (including a suspended sentence) for intentional crimes;

In any of the following circumstances, a public institution employee is to be dismissed from a crime based on Article 23 of the "Provisions on the Punishment of Public Institution Staff" implemented on November 6, 2023: (1) Those who have been sentenced to controlled release, short-term detention, or fixed-term imprisonment or higher (including a suspended sentence) for intentional crimes;

Combined with the above provisions, we analyze, 1. The first is public officials. Personnel who have an establishment, and those who do not have an establishment are not included in this provision.

2. Drunk driving is an intentional crime. Drunk driving is the act of driving a motor vehicle in a state in which there is a total or partial loss of personal will due to the consumption of alcohol, and driving a motor vehicle in this state is very dangerous and constitutes the crime of dangerous driving.

3. If it is found to be a dangerous driving crime, it will face criminal punishment of criminal detention and fine, and there is a possibility of probation.

4. According to the above provisions, if a drunk driver is found guilty of dangerous driving, and a suspended sentence or criminal detention is sentenced, he will be dismissed from the unit.

5. If you are not criminally responsible after drunk driving, you will not be dismissed from public office.

Don't drink and don't drive, don't drink while driving. If you have indeed violated the law, you can call in a lawyer to defend yourself. If you can avoid sentencing or being held criminally responsible, you will not have to be dismissed from public office.

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