Hebei Provincial Procuratorate’s handling of drunk driving

Legal subjectivity:

In fact, when investigating local drunk driving cases, the procuratorates in various provinces and cities in my country have summarized the characteristics of some drunk driving cases based on past experience. Therefore, during the investigation and sentencing process of drunk driving cases, the Shandong Provincial Procuratorate put forward some relatively forward-looking and macro-level opinions, which have a certain decisive effect on the punishment of drunk driving. Let me introduce to you what is the content of the drunk driving opinion of the Shandong Provincial Procuratorate? What is the content of the drunk driving opinion of the Shandong Provincial Procuratorate? 1. Regarding the standards for filing a case, the alcohol content of the on-site seizure after a breath test reaches the level issued by the National Bureau of Quality Supervision, Inspection and Quarantine Motor vehicle drivers who meet the drunkenness standard (≥80mg/100ml) in the "Vehicle Drivers' Blood and Breath Alcohol Content Thresholds and Testing", regardless of whether they have objections to the test results, shall be examined by a medical institution or a qualified inspection and appraisal institution. Staff members draw blood samples in accordance with regulations and conduct blood alcohol content tests in a timely manner. If the test results meet the drunkenness standard, a case will be filed and investigated. If someone is caught and deliberately drinks alcohol before taking a breath test or taking a blood sample, and his blood alcohol content reaches the standard for drunk driving of a motor vehicle after being tested, a case will be filed for investigation and punishment. If the person's breath alcohol content reaches the standard for drunkenness after being seized, and the person escapes before taking a blood sample, a case will be filed and investigated. 2. Regarding the application of compulsory measures. For criminal suspects or defendants who are subject to compulsory measures of criminal detention, if the public security organs, people's procuratorates, and people's courts are unable to complete the investigation, prosecution, and trial within the period of criminal detention, they shall be changed to release on bail pending trial. Or residential surveillance. If criminal suspects or defendants who are released on bail pending trial or under residential surveillance violate relevant provisions of the Criminal Procedure Law, and the circumstances are serious, they may be arrested or decided to be arrested in accordance with the law. Except for the circumstances specified in the preceding paragraph, no compulsory arrest measures shall be taken against criminal suspects or defendants. If a defendant who is released on bail pending trial or under residential surveillance escapes, the people's court may suspend the trial. After the defendant is brought to justice and the reasons for suspending the trial disappear, the trial is resumed. The period of suspension of the trial is not included in the trial period. If a defendant who has not been detained is sentenced to actual punishment, the people's court may, after the judgment takes effect, detain the criminal based on the effective judgment or ruling and send it to the public security organ for execution. The public security organ shall, based on the effective criminal judgment (ruling) and execution notice, be placed in custody and executed. 3. Regarding the identification of motor vehicles, the "motor vehicles" in Article 133-1 of the Criminal Law shall be determined in accordance with Item (3) of Article 119 of the Road Traffic Safety Law and the regulations issued by the State Administration of Quality Supervision, Inspection and Quarantine. The "Technical Conditions for Safety in Operation of Motor Vehicles" and other relevant regulations are implemented, including all types of cars, motorcycles and mopeds. 4. Determination of roads The "road" in Article 133-1 of the Criminal Law shall be implemented in accordance with Article 119(1) of the Road Traffic Safety Law, which refers to highways, urban roads and Although it is within the jurisdiction of the unit, places where public motor vehicles are allowed to pass include squares, public parking lots and other places used for public access, excluding residential areas, school campuses, government agencies, enterprises and institutions, etc. Channels for free passage of motor vehicles and dedicated parking lots. For those who are drunk and move parking spaces in public places such as squares and public parking lots, or for others to drive to the entrance of a residential area and then take over the driving into the residential area, or for those who drive out of a public parking lot or residential area immediately If the driver is handed over to another person to drive, it may not be treated as a crime.

5. Regarding the requirements for litigation evidence in "drunk driving" criminal cases, the following evidence and relevant case file materials should be transferred: (1) The defendant's confession and defense; (2) If there are witnesses, testimonies that can prove drunk driving of a motor vehicle; ( 3) Alcohol breath test form and blood alcohol content report form; (4) Blood sample extraction record or extraction registration form; (5) Description of the seizure process issued by law enforcement police; (6) If seized on site, the defendant photographed during the seizure and photos or audition materials of the vehicle he was driving; (7) Other evidence materials related to the case (including household registration certificate, driver's license, driving license, previous traffic violations, criminal record, etc.) If someone intentionally drinks alcohol on the spot after being seized, The alcohol content is determined based on the results of the breath test and blood test: If someone drinks alcohol on the spot after the breath test, the breath test results will be used to determine the alcohol content and he will be severely punished. If the alcohol content in the breath test reaches the standard for drunk driving of a motor vehicle and escapes before taking a blood sample, the breath test results will be used to determine the alcohol content. In principle, the blood alcohol content will not be re-evaluated in cases of "drunk driving". However, exceptions are made where the appraisal institution or appraiser does not have appraisal qualifications, the appraisal sample is wrong, or the appraisal procedure is seriously illegal. 6. Regarding criminal penalties: For the crime of driving a motor vehicle while drunk, the alcohol content is the main sentencing factor that reflects the degree of danger of the crime. The type of vehicle driven, the type of road traveled, and the actual damage consequences are important sentencing factors. At the same time, the defendant’s attitude of pleading guilty, the circumstances in which he or she has been punished for driving a motor vehicle under the influence of alcohol or intoxicated, other traffic violations, etc. must also be taken into consideration. To punish the crime of "drunk driving", we must adhere to the criminal policy of combining leniency with severity. We should focus on cracking down on drunk driving of various types of vehicles on roads, urban roads, and expressways, especially on drunk driving of operating vehicles, buses, dangerous goods transport vehicles, school buses, unit employee shuttle vehicles, medium (heavy) trucks, Construction transport vehicles shall be sentenced to a heavier penalty. While highlighting the key points of punishment, we must realistically handle the problem of drunk driving of two-wheeled electric vehicles and motorcycles that exceed the legal limit, and handle other "drunk driving" cases with less severe circumstances in a differentiated manner to achieve better social results. If it constitutes a crime, it should be convicted; if it meets the provisions of Article 13 of Penalty and can be exempted from being treated as a crime, it will not be considered a crime. 1. If you drive a car while drunk and the alcohol content exceeds 180mg/100ml, or if the alcohol content is below 180mg/100ml but you have one of the following aggravating circumstances, probation will not be applicable: (1) Causing minor injuries to others or the above consequences; ( 2) Drunk driving on the highway; (3) Drunk driving of commercial vehicles, buses, dangerous goods transport vehicles, school buses, unit employee pickup vehicles, medium (heavy) trucks, engineering transport vehicles and other motor vehicles; (4) ) Not qualified to drive a car (refers to the situation of not obtaining a driver's license and being revoked, temporarily withheld, or withheld. If the driver's license annual inspection period is exceeded for a short period of time and the points are deducted from the driver's license, it is not qualified to drive a car without a license); (5 ) Driving a car knowing that it does not meet the safety inspection standards or has been scrapped; (6) When being investigated and punished, there are serious behaviors such as escaping, resisting inspection, and letting people substitute; (7) Refusing to file the case during the litigation period or Escaped; (8) Those who have been prosecuted for drunk driving within three years and drunk driving within five years. Probation is only applicable to defendants whose alcohol content is below 180mg/100ml, who do not have the above-mentioned aggravating circumstances, and who plead guilty and accept punishment. If the alcohol content is below 140mg/100ml and there are no aggravating circumstances mentioned above, prosecution or criminal punishment may not be required. 2. Driving a two-wheeled or three-wheeled motorcycle while drunk, with the alcohol content below 160mg/100ml, and without causing minor injuries to others or above, may not be treated as a crime; if the alcohol content exceeds 160mg/100ml but is below 200mg/100ml, If the alcohol content exceeds 200mg/100ml, or if the alcohol content exceeds 200mg/100ml, or if the person causes minor injuries or above to others, criminal punishment shall be imposed. 3. Drunk driving of two-wheeled electric vehicles that exceeds the legal limit and does not cause minor injuries or above to others may not be treated as a crime.

If the person causes minor injury to others or above, the alcohol content is less than 200mg/100ml, and meets the conditions for probation, probation can be applied; for those who do not need to be sentenced, they may not be prosecuted or be exempted from criminal punishment. 4. If a fine is also imposed, the sentence will be one month of criminal detention and a fine of 2,000 yuan, which will be accumulated. If the person commits the crime of driving a motor vehicle while drunk and constitutes other crimes at the same time, he shall be convicted and punished according to the heavier punishment provisions in accordance with the law and shall not be subject to probation. If a "drunk driving" criminal performs meritorious service, this does not change the criteria for applying suspended sentences. Those who have performed major meritorious services may be exempted from punishment. 5. Driving a motor vehicle while drunk is a serious situation of driving a motor vehicle under the influence of alcohol. If drunk driving of a motor vehicle is not treated as a crime according to the above provisions, administrative penalties may be imposed by the public security organs. 7. Supplementary Provisions When handling "drunk driving" cases, the people's courts, people's procuratorates, and public security organs at all levels must cooperate with and restrict each other, strengthen coordination and communication, simplify case-handling procedures, and improve case-handling efficiency, so as to ensure smooth handling of cases and sentencing within their respective jurisdictions. Maintain a basic balance to ensure the social effects of case handling. People's courts, people's procuratorates, and public security organs at all levels must use various means to widely carry out legal publicity through case handling to prevent and reduce the occurrence of "drunk driving" cases. If the contents of this summary are inconsistent with laws, judicial interpretations and relevant regulations of superiors, the laws, judicial interpretations and relevant regulations of superiors shall prevail. We can see that the Shandong Provincial Procuratorate has strict standards for filing drunk driving cases, the application of compulsory measures, and the identification of motor vehicles. All in all, in life, if you commit drunk driving, it has become a criminal offense, and the relevant personnel need to bear criminal responsibility. Legal objectivity:

Article 171 of the "Criminal Procedure Law" When the People's Procuratorate examines a case, it must ascertain: (1) Whether the criminal facts and circumstances are clear, whether the evidence is reliable and sufficient, and whether the crime Whether the nature and crime are determined correctly; (2) Whether there are omitted crimes and other persons who should be held criminally responsible; (3) Whether they are persons who should not be held criminally responsible; (4) Whether there are any accompanying civil lawsuits; (5) Investigation activities Is it legal?