Penalty standard for drunk driving

Let's talk about what is drunk driving and what is drunk driving. Drunk driving, also known as drunk driving, means that the alcohol content in the blood of vehicle drivers is greater than or equal to 20 mg/100 ml and less than 80 mg/100 ml; Drunk driving refers to the driving behavior that the driver's blood alcohol content is greater than or equal to 80mg/ 100ml.

I. Civil liability

If it is a drunken accident, according to the insurance terms, the commercial insurance company will definitely not pay for it, so if you encounter this problem, you need to pay for it yourself. For drunk driving, the law gives the insurance company the right to recover from the infringer after paying compulsory insurance, that is, you bear it and you can't run away. Bian Xiao believes that insurance companies have no right to recover from infringers for drunk driving accidents, perhaps to protect the interests of victims, but I believe that in the near future, insurance companies can also recover the amount of compulsory insurance they pay, which can actually urge drivers to reduce drunk driving to a great extent.

Two. criminal responsibility

According to the relevant provisions of the criminal law, if drunk driving causes serious injuries to more than one person and bears all or the main responsibility for the accident, he shall be convicted and punished for the crime of causing traffic accidents, and the statutory punishment shall be within 3 years.

Anyone who drives a motor vehicle on the road or drunk driving a motor vehicle shall be convicted and punished for dangerous driving. This crime is an act. As long as drunk driving constitutes a dangerous driving crime, the legal punishment is criminal detention and a fine.

Drunk driving causes serious injury or death, and because of its intention, it endangers the life, health and property safety of unspecified majority, which conforms to the constitutive characteristics of the crime of endangering public safety by dangerous means. Those who have not caused serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and those who cause serious injuries, death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

In 2008, the sensational drunk driving case of Sun Weiming in Chengdu (4 deaths/kloc-0 injuries) was sentenced to death and deprived of political rights for life by the Chengdu Intermediate People's Court for endangering public security by dangerous means. During the second trial, because Sun Weiming actively obtained the understanding of his family, the Sichuan Higher People's Court finally found the defendant Sun Weiming guilty of endangering public security by dangerous means, sentenced him to life imprisonment and deprived him of political rights for life.

Three. Administrative Responsibility According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, anyone who drives a motor vehicle after drinking alcohol shall be suspended from driving license for six months and fined between 65,438 yuan and 0,000 yuan. Those who are punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for less than 10, fined for more than 1000 yuan but less than 2,000 yuan, and their motor vehicle driving licenses shall be revoked. Drunk driving a motor vehicle, the motor vehicle driver's license shall be revoked and criminal responsibility shall be investigated according to law; You can't get a motor vehicle driver's license again within 5 years. If a serious traffic accident occurs while driving a motor vehicle while drinking or drunk, the motor vehicle driver's license shall not be re-obtained for life.

Driving a vehicle with a driver's license suspended is regarded as driving without a license. Insurance companies not only refuse to pay for commercial insurance, but also, according to the law, they can get the right to recover from the infringer after paying the compulsory insurance.

Tip:

It is the responsibility of every driver to obey the traffic rules, drive in a civilized way and not drink and drive.

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