Drug driving is more serious than drunk driving

On March 20, the Chengdu High-tech Zone People’s Procuratorate; the crime of endangering public safety by dangerous methods; the defendant Bai Yang was prosecuted: Bai Yang, a driver of a company in Chengdu, illegally committed suicide after taking ketamine (k powder) Driving, causing one death and four injuries. In court, the defendant argued that the defendant was only guilty of a one-time offense and should be treated as a general traffic accident crime. Crime of endangering public safety by dangerous means; can

Drug driving is more serious than drunk driving

March 20, Chengdu High-tech Zone People's Procuratorate; Endangering public safety by dangerous means *Safety crime; defendant Bo Yang was prosecuted: Bo Yang, a driver of a company in Chengdu, illegally drove after taking ketamine (k powder), causing one death and four injuries. In court, the defendant argued that the defendant was only guilty of a one-time offense and should be treated as a general traffic accident crime. Whether the crime of endangering public safety by dangerous means can be established has become the focus of debate in this case.

At around 15:00 on September 26, 2011, a vicious traffic accident occurred at the junction of Chengdu First Ring Road and Yongfeng Road: After taking ketamine (k powder), Bai Yang drove a white Buick commercial vehicle in an illegal vehicle. The motorway turned right illegally and hit the Skynet monitoring facility. Then Bo Yang suddenly accelerated. On the sidewalk, Bo Yang hit an old man and continued to accelerate, dragging the old man into the non-motorized lane. He continued to accelerate and collided with many people waiting at the bus stop until he was forced to stop after a tire burst, causing one death and four injuries. tragedy.

Yuan Hongqi, the prosecutor in charge of the case, said that the defendant began taking drugs in 2006 and was a full-time driver with 10 years of driving experience. Judging from the timing of the defendant's behavior changes, he knew that after taking drugs, his ability to control would be weakened, and he subjectively let go deliberately. Yuan Hongqi said that since then, the defendant's several acceleration behaviors showed that the vehicle was still under control. Obviously, the defendant subjectively indirectly endangered public safety.

The defense argued that the defendant did not know that he could not drive while on drugs. Therefore, the defendant did not cause any harm to public safety. Subjectively, therefore, the accident should be treated as a general traffic accident crime. In this regard, Yuan Hongqi believed that the reason was insufficient: the defendant had a history of drug abuse for six years, and the defendant had a record of violating six different traffic laws eight times in the year before the incident. Therefore, the procuratorial organ determined that he had been indifferent to public safety and should be classified as a crime of endangering public safety.

Faced with the prosecutor's accusation, Bo Yang admitted to taking drugs. Hallucinations sometimes occur. However, he always believed that drug use would not have much impact on driving. As for the accident, Bo Yang has always insisted that he knows nothing.

Yuan Hongqi told reporters that according to Bo Yang’s description, he once smoked in an Internet cafe; he was a K fan. About 13:00. Used to refresh again, while driving. Suddenly a traffic accident occurred. According to Bo Yang's confession, he smoked k powder. The urine test and identification provided by the prosecutor also showed that he did take it. k powder. , but the quantity cannot be proven.

Expert opinion

Drug drivingThan & other drunk driving. More serious

The crime of endangering public safety by dangerous means; the nature of the crime is different from that of traffic accidents, which will lead to different sentencing. The maximum penalty for the former offense is death; the maximum penalty for the latter offense is three years' imprisonment. Therefore, in this case, the defendant’s defender tried to characterize the defendant’s criminal behavior by causing a traffic accident.

In view of the fact that the defendant has been taking drugs for 6 years and driving for 10 years, he still deliberately drove while taking drugs, which is a subjective fault of the crime. The defendant's ability to recognize and control his behavior was severely reduced due to drug abuse, until he completely lost consciousness after the incident. The risk is roughly equivalent to that of drunk driving. Therefore, it can be considered that there is a causal relationship between his drug use behavior and the consequences of driving.

Drive to get punished. This is not a new punishment mechanism, but a just one. The specific manifestation of the crime of endangering public safety by dangerous means. Drug driving is & other drunk driving. For more serious behaviors, the law clearly stipulates the standards for determining drunkenness, but drug driving is not like drunk driving.

So it is easy to identify, after all, blood tests and urine tests are different.

Ma Jinghua, professor of criminal procedure law at Sichuan University

Suggested legal standards for drug driving

It can be said that there is also drunk driving. By contrast, the law is correct. Drug driving is very forgiving. According to the Road Traffic Safety Act. Drug driving and other drunk driving. Drivers of motor vehicles are absolutely prohibited from taking to the road, but there are no provisions in the criminal law. The legal liability for drug driving is clearly defined. If no accident occurs, the police can only impose public security penalties on drug abuse in accordance with the provisions of the Anti-Drug Law. Of course, if a drug driving accident occurs, it can naturally be convicted and punished as a traffic accident crime, or treated as a crime of endangering public safety. But to some extent this will inevitably spare many people drug-driving behavior without serious consequences.

It is recommended to issue relevant judicial interpretations or departmental regulations; Drunk. State (similar to being drunk.) Set clear identification standards and apply them uniformly.

Shi Jie, Director of Sichuan Dingli Law Firm

The crime of traffic accident should be excluded.

Even if, as the defender said, the defendant did not foresee the traffic accident after taking drugs, his behavior endangering public safety due to taking drugs has objectively existed, so it should be excluded that the crime of traffic accident can be classified as crime. The essence of this situation is the crime of endangering public safety by dangerous means; or the crime of negligently endangering public safety; conviction.

The difference between the two crimes is that the latter crime must have serious consequences that cause serious injury, death, or heavy losses to public or private property in order to constitute a crime; the former only needs to commit acts that endanger public safety. , even if it does not cause serious consequences, it constitutes a crime. Subjectively, the latter crime consists of negligence; the former crime is intentional. In this case, if the defendant can really foresee that drug use will lead to trance driving, he should undoubtedly be classified as a crime of endangering public safety in dangerous ways; however, if the defendant has evidence that he believes that he can remain sober after taking drugs, then His criminal behavior can be characterized as the crime of negligent endangerment of public safety;.

Wang Shizhou, a doctoral supervisor in criminal law at Peking University

It is considered a crime to drive with drugs.

According to the "Road Traffic (Amendment) Bill 2011" passed by the Legislative Council of the Hong Kong Special Administrative Region on December 14, 2011, even if the driver has no symptoms of being affected by drugs, as long as the driver's blood or urine contains Containing designated drugs, regardless of concentration, is an offense and may be fined NT$25,000 and imprisoned for 3 years. The first conviction may also be suspended for not less than 2 years, and the second conviction may be suspended for not less than 5 years.

According to statistics, drug driving cases have increased significantly in Hong Kong in recent years. In 2010, 84 people were arrested for drug or drug use, compared with 48 from January to November 2011.

Beijing

A taxi driver hit 21 cars in a row while driving under the influence of drugs and was sentenced to 6 years in prison.

Chen, a 31-year-old taxi driver who was addicted to drugs, drove to the main road of the West Fourth Ring Road and hit 21 vehicles in a row, causing damage to 22 motor vehicles and causing economic losses of more than 152,000 yuan. . The People's Court of Fengtai District, Beijing made a first-instance judgment on the case. Chen was sentenced to six years in prison and fined RMB 2,000 for endangering public safety by dangerous means.

What are the penalties for drug driving and drunk driving?

What are the penalties for drug driving and drunk driving?

Driving a motor vehicle after drinking alcohol or taking drugs: According to Article 133 of the "Criminal Law", anyone who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Anyone who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Anyone who commits the crime of dangerous driving shall be detained and fined in accordance with the provisions of Article 133 of the Criminal Law.

1. Drunk driving and drug driving

The Eighth Amendment to the Criminal Law adds the crime of dangerous driving after the crime of traffic accidents.

Dangerous driving offenses are dangerous crimes and do not require actual harm to be caused. As long as the perpetrator drives a motor vehicle on the road while drunk, this crime is constituted. If dangerous driving behavior also constitutes the crime of causing a traffic accident or the crime of endangering public safety by dangerous means, he shall be convicted and punished in accordance with the provisions on severe punishment, and concurrent punishment for multiple crimes shall not be implemented.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents

A traffic accident causes serious injuries to more than one person, bears all or major responsibility for the accident, and has one of the following circumstances If a person commits a traffic accident, he will be convicted and punished for the crime of causing a traffic accident: (1) Driving a motor vehicle after drinking or taking drugs;

Article 133 of the "Criminal Law" stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years Or detention. Anyone who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Anyone who commits the crime of dangerous driving shall be detained and fined in accordance with the provisions of Article 133 of the Criminal Law.

The punishment for conviction shall be in accordance with the provisions of severe punishment, rather than the principle of combined punishment for several crimes. Your classmate was suspected of causing a traffic accident and was sentenced to fixed-term imprisonment of less than three years or criminal detention.

Drinking:

Anyone who drinks and drives a motor vehicle will be fined 1,000-2,000 yuan, recorded 12 points, and his driver’s license will be suspended for 6 months; those who drink, drive or operate a motor vehicle, A fine of 5,000 yuan will be imposed, 12 points will be recorded, and the person will be detained for up to 15 days and will not be able to obtain a driver's license within 5 years.

Drunk driving:

If you drive a motor vehicle while drunk, your driver’s license will be revoked and you will not be able to obtain a new driver’s license within five years. After judgment, a person will be sentenced to criminal detention and a fine; if he drives while drunk or operates a motor vehicle, and his driver's license is revoked, he will not be able to obtain a new driver's license within 10 years and will not be allowed to drive a commercial vehicle for life. After the verdict, he was sentenced to detention and fined.

Article 91. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for six months and shall be fined not less than RMB 1,000 but not more than RMB 2,000. Anyone who is punished for driving a motor vehicle after drinking alcohol and driving a motor vehicle after drinking alcohol again shall be detained for not more than ten days, fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driving license shall be revoked.

Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within five years.

Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained for not more than 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and shall not obtain another motor vehicle driving license within five years.

Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal responsibility in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within ten years, and he will not be able to re-obtain a motor vehicle driving license. After obtaining the license, you are not allowed to drive or operate a motor vehicle.

If a serious traffic accident occurs while driving a motor vehicle after drinking alcohol or drunkenly, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a motor vehicle driving license again for life.

Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on several issues concerning the application of law in handling criminal cases of drunken driving of motor vehicles.

In order to ensure the correct and unified implementation of the law, punish the crime of drunken driving of a motor vehicle in accordance with the law, and safeguard public safety and the safety of people's lives and property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with investigation, prosecution, Judgment practice and the formulation of this opinion.

1. Driving a motor vehicle on the road with an alcohol content in the blood of more than 80 mg/100 ml is considered driving a motor vehicle while drunk. According to the provisions of Article 133, Paragraph 1, of the Criminal Law, Convicted and punished for dangerous driving.

The relevant provisions of the Road Traffic Safety Law shall apply to the roads and motor vehicles referred to in the preceding paragraph.

2. Anyone who drives a motor vehicle under the influence of alcohol under any of the following circumstances shall be severely punished in accordance with the provisions of paragraph 1 of Article 133 of the Criminal Law:

(1) Causing a traffic accident , bear all or major responsibility for the accident, or cause a traffic accident and then escape, but have not constituted other crimes;

(2) The blood alcohol content reaches more than 200 mg/100 ml;

(3) Driving on a highway or urban expressway;

(4) Driving a passenger-carrying motor vehicle;

(5) Driving with serious overcrowding, overloading or speeding, and driving Motor vehicles without driving qualifications, using forged or altered motor vehicle license plates, etc. seriously violate the Road Traffic Safety Law;

(6) Evade the inspection by the public security organs according to the law, or refuse or obstruct the inspection by the public security organs according to the law , does not constitute other crimes;

(7) Being subject to administrative penalties or criminal prosecution for driving a motor vehicle after drinking alcohol;

(8) Other circumstances that may result in severe punishment.

The driving behavior of drug driving and drunk driving has been suspected of dangerous driving, so the punishment for such dangerous driving behavior shall be implemented in accordance with the attitude of severe punishment in accordance with the law. If a driver causes a traffic accident due to this type of dangerous driving crime, he shall be sentenced to fixed-term imprisonment of not more than three years according to the penalties for traffic accidents. Serious traffic accidents will result in life imprisonment or death.

Drug driving is more serious than drunk driving @2019