Opinions of the Supreme People's Procuratorate and the Supreme People's Court of the Ministry of Public Security and the Ministry of Justice on Handling Criminal Cases of Drunk and Dangerous Driving

The purpose is to standardize the handling procedures of criminal cases of drunk driving, ensure the fair implementation of the law, and safeguard the life and property safety of the public and the people.

First, the identification of drunkenness and dangerous driving.

According to the opinion, drunk driving is mainly determined by the alcohol content in the driver's blood. When the alcohol content in the driver's blood reaches or exceeds a certain standard, it is regarded as drunk driving. The formulation of this standard is based on scientific research and practical experience, aiming at ensuring public safety.

Second, the collection and identification of evidence.

It is very important to collect and identify evidence when dealing with drunk driving cases. The Opinions clearly stipulates the methods, procedures and requirements of evidence collection to ensure the legitimacy and effectiveness of evidence. At the same time, the Opinions also put forward clear standards and principles for the identification of evidence to prevent misjudgment caused by insufficient or improper evidence.

Third, investigate criminal responsibility.

For criminal suspects who are drunk and driving dangerously, the Opinions clearly stipulate the procedures and principles for investigating criminal responsibility. The judicial organs will make corresponding judgments and penalties according to the suspect's alcohol content, driving behavior, accident consequences and other factors. This not only reflects the severity of the law, but also reflects the education and rescue of criminal suspects.

Four. Prevention, publicity and education

In addition to cracking down and punishing drunk and dangerous driving, the opinion also emphasizes the importance of prevention and publicity and education. By strengthening traffic safety publicity and improving public awareness of law and safety, the occurrence of drunk driving can be effectively reduced, thus safeguarding the safety of public life and people's lives and property.

To sum up:

Opinions on Handling Criminal Cases of Drunk Driving issued by the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice provide clear guidance and norms for handling criminal cases of drunk driving. The opinions put forward specific requirements and measures in the identification of drunk driving, collection of identification evidence, investigation of criminal responsibility, prevention and publicity and education. These regulations not only help to maintain the fair implementation of the law, but also help to raise public awareness of traffic safety, reduce the occurrence of drunk driving and ensure the safety of people's lives and property.

Legal basis:

Criminal law of the people's Republic of China

Article 133- 1 stipulates:

Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

(a) chasing racing, the circumstances are bad;

(two) drunk driving a motor vehicle;

(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;

(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.

Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

Opinions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles.

Article 1 stipulates:

Driving a motor vehicle with a blood alcohol content of more than 80 mg/100 ml on the road is a drunk driving motor vehicle. According to the provisions of the first paragraph of Article 133-1 of the Criminal Law, it is convicted and punished for dangerous driving.

The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.