Is it necessary to be sentenced for drunk driving over 140?

Drunk driving with an alcohol content of 140 will be punished. Driving a motor vehicle on the road with a blood alcohol content of more than 80 mg/100 ml is considered driving a motor vehicle while drunk, and the driver of the motor vehicle is guilty of dangerous driving. Anyone who commits this crime shall be sentenced to criminal detention and shall also be fined.

The blood alcohol content is 140%, which constitutes the crime of dangerous driving and must be sentenced. You may be sentenced by the court to two months' detention and fined several thousand yuan. Since he has no criminal record and no accidents, he is expected to be sentenced to probation. Anyone who drives a motor vehicle after a drunken driving test will be restrained by the traffic management department of the public security organ until he sobers up, and his motor vehicle driving license will be temporarily suspended for six months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan will be imposed; If so, the traffic management department of the public security organ will restrain him until he sobers up, and he will be detained for not more than 15 days, fined 5,000 yuan, his motor vehicle driving license revoked, and he will not be able to obtain a new motor vehicle driving license within five years.

The treatment method for drunk driving with 140 ml of alcohol is as follows:

(1) Drunk driving with a blood alcohol content of 140% may be sentenced to 2-3 months of detention by the court and fined thousands Yuan;

(2) If there are no severe punishment circumstances such as unlicensed driving or drunk driving convictions, the sentence may be suspended.

A 2008 World Health Organization accident survey showed that approximately 50% to 60% of traffic accidents were related to drunk driving, and drunk driving has been listed as the main cause of death in car accidents. In China, tens of thousands of traffic accidents are caused by drunk driving every year; more than 50% of accidents that cause death are related to drunk driving. The harm of drunk driving is shocking, and it has become the number one "killer" of traffic accidents. ". In August 2010, the 16th meeting of the Standing Committee of the 11th National People's Congress reviewed the draft amendment (eight) to the Criminal Law for the first time. Drunk driving may be sentenced.

First, I think I am not drunk. Half a pound doesn't make you blush, one pound doesn't make your heart beat, two pounds won't pour! Drunk drivers have extraordinary "confidence" and feel that they can drive the car to their destination even if they drink; even if they drink, they can calmly respond and handle emergencies when they encounter them. They have obviously forgotten the timeless truth that alcohol can paralyze and dull people's nerves. By the time there was a car accident, it was too late to regret it.

Heavy fines for drunk driving

Second, they think they are experienced and have superb driving skills. Data from Shandong Province also shows that few people with less than one year of driving experience drink and drive, while a large number of drunk driving behaviors occur among drivers with 5 to 20 years of driving experience. Don’t you know that after alcohol enters the body, it does not recognize how many years of driving experience you have. However, accidents happen more frequently because of high driving experience, high self-discipline, low attention, and poor prevention mentality.

The third reason is the psychology of luck. Some drivers who drive drunk always think that "they won't be hit by the traffic police by chance", or before the festival, they feel that "the traffic police also have to celebrate the festival" and think that there will be fewer inspections during the festival, so they drive on the road under the influence of alcohol. This mentality actually ignores a basic premise: checking drunk driving, imposing fines, or even pursuing criminal liability is not the purpose. The purpose of prohibiting drunk driving is to protect the lives and safety of others and the driver himself, and to maintain traffic order and social order. Even if there is no traffic police inspection, drivers must not drink and drive. Even if there is no traffic police inspection, not drinking and driving should be a minimum professional ethics and a proactive awareness of respecting life.

1. National laws provide support: The state provides legal provisions related to the restriction and management of drunk driving. Traffic management departments should learn from foreign methods to implement mandatory installation of anti-drunk driving systems for people with drunk driving records.

2. Provide "drink and drive" services: catering and entertainment venues provide "drink and drive" services for guests, or the government opens a "drink and drive" service line.

3. Waiver of overnight parking fees for drunk guests: Catering and entertainment venues waive overnight parking fees for drunk guests’ vehicles, allowing guests to voluntarily give up driving after drinking.

4. Print warning orders on wine labels and wine lists: Print slogans and cartoons such as "Don't drive after drinking" on the labels of wine bottles and on the wine lists of catering and entertainment venues.

5. Fulfill social service orders: In addition to the penalties prescribed by the state, drunk drivers must also volunteer in the hospital.

6. Avoid taking chances: Eliminate people's misunderstanding that "drinking less will not affect driving", analyze the impact and harm of alcohol on drivers, and warn people to give up taking chances.

7. Equip a "Car Virtue" card: Equip a "Car Virtue" card on each vehicle. Every time you are caught drinking and driving, make a mark on the "Car Virtue Card" to realize social ***Same supervision.

8. Record family reminder: record the child's voice "Dad, don't drive while drinking, Mom and I are waiting for you at home" as a scheduled reminder on your mobile phone, starting at 7 p.m., once an hour.

9. Call a taxi for a drunk person: Call a taxi for a drunk person (whether a friend or a stranger).

10. Give full play to the role of the car club: the car club issues an initiative to all car owners to avoid drunk driving, and car owners supervise each other.

Legal Basis

Article 133-1 of the Criminal Law

Whoever drives a motor vehicle on the road and falls under any of the following circumstances shall be punished Criminal detention and concurrent fines:

(1) Chasing and racing, the circumstances are egregious;

(2) Driving a motor vehicle while drunk;

(3) Engaging in the school bus business or passenger transportation, seriously exceeding the rated number of passengers, or driving seriously exceeding the prescribed speed;

(4) Violating the safety management regulations of hazardous chemicals and transporting hazardous chemicals, endangering the safety of the public of.

If the owner or manager of a motor vehicle is directly responsible for the acts in Items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.