The dangers of drunk driving in the military

For military personnel who drive under the influence of alcohol, their driver’s licenses will be suspended for 6 months and centralized training will be organized; for those who drive under the influence of alcohol, their driver’s licenses will be revoked, they will be removed from the driver’s post, and they will be given severe disciplinary sanctions; In the event of fatal accidents or serious consequences, legal liability will be investigated in accordance with the law, and unit leaders will be held accountable; units that have outstanding problems with military vehicle traffic violations will be notified and criticized, and rectifications will be made within a time limit.

Drunk driving may require administrative liability, civil liability and criminal liability depending on the circumstances. How will people who belong to the army be punished for drunk driving? People who belong to the army are military personnel. Soldiers who break the law will be punished by the law like ordinary people. Soldiers have more responsibilities and obligations than ordinary people, so additional punishments include deprivation of military rank. The following are the legal responsibilities that military personnel must bear:

(1) Administrative liability It is a punishment for those who drive drunk but has not caused any consequences. It is mainly reflected in Article 91 of the "Road Traffic Safety Law" wait. These include: Anyone who drives a motor vehicle after drinking alcohol shall have his or her motor vehicle driving license temporarily detained for a period of not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan; anyone who drives a motor vehicle after drinking alcohol shall be restrained by the traffic management department of the public security organ. Until he sobers up, he will be detained for not more than 15 days, his motor vehicle driving license will be temporarily suspended for not less than three months but not more than six months, and he will be fined not less than 500 yuan but not more than 2,000 yuan.

Whoever drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for three months and be fined 500 yuan; anyone who drives a commercial motor vehicle after drinking alcohol shall be restrained by the traffic management department of the public security organ until the person is drunk. Wake up, be detained for not more than 15 days, have your motor vehicle driving license temporarily suspended for six months, and be fined 2,000 yuan. If the person commits the act of driving a motor vehicle while drunk as prescribed in the preceding two paragraphs within one year and is punished more than twice, his motor vehicle driving license will be revoked and he will not be allowed to drive a commercial motor vehicle within five years.

(2) Criminal Liability If drunk driving causes a traffic accident and constitutes a crime, the victim may not only file a criminal incidental civil lawsuit in accordance with the above "civil liability" provisions to request compensation from the drunk driver (but In addition to solatium for mental damage), drunk drivers must also bear criminal responsibility: First, Article 133 of the "Criminal Law" stipulates: Violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury, death or Anyone who causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; whoever causes death due to escape shall be sentenced to seven years. The above is a term of imprisonment. Second, according to Article 18, paragraph 4, of the Criminal Law, a drunk person who commits a crime shall bear criminal responsibility. Traffic accident crimes are no exception.

(3) The Supreme People's Court and the Supreme People's Procuratorate's "Notice on Handling Road Traffic Accident Cases Strictly in accordance with the Law" stipulates that drunk driving should be severely punished. Special jurisdiction: The division of jurisdiction over cases where drunk driving by military personnel and armed police personnel constitutes the crime of dangerous driving shall be handled in accordance with the provisions of Articles 22 and 23 of the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs". If a person suspected of drunk driving claims to be a member of the military or armed police force, the case will be opened for investigation by the public security organ before his true identity is verified. Points will be recorded and disciplinary action will be taken within the military, including possible removal of rank. If it is determined after investigation that there is indeed a victim in the accident, the sentence will be based on the facts. In some laws and regulations, military personnel are subject to special jurisdiction and are handled in accordance with special regulations. Except for military personnel, there are special removal regulations for public officials.

Legal basis: Articles 22 and 23 of the "Procedural Regulations of Public Security Organs in Handling Criminal Cases" If a party suspected of drunk driving claims to be a soldier or a member of the armed police force, his or her true identity shall not be verified before verification. , the case will be filed for investigation by the public security organs. Points will be recorded and disciplinary action will be taken within the military, including possible removal of rank. If it is determined after investigation that there is indeed a victim in the accident, the sentence will be based on the facts. In some laws and regulations, military personnel are subject to special jurisdiction and are handled in accordance with special regulations. Except for military personnel, there are special removal regulations for public officials.