Opinions of the Supreme People's Court on the Application of Laws to the Crime of Drunk Driving

Legal analysis: In order to seriously handle criminal cases of drunk driving in accordance with the law, unify the application standards of the law, give full play to the functions of punishment and crime prevention, and effectively curb the frequent occurrence of drunk driving and drunk driving crimes. In order to effectively protect the life, health and safety of the broad masses of people due to the high incidence of drunk driving, it is necessary to make unified regulations on the application of laws on drunk driving crimes. 1. Accurately apply the law and severely punish drunk driving crimes in accordance with the law. 2. Implement the criminal policy of combining leniency with severity and appropriately determine penalties. 3. Unify the application of laws and give full play to judicial trial functions.

Legal basis: Article 91 of the "Road Traffic Safety Law of the People's Republic of China" Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for six months and shall also be fined one thousand A fine of not less than RMB 1,000 but not more than RMB 2,000 shall be imposed. Anyone who is punished for driving a motor vehicle after drinking alcohol and who drives a motor vehicle after drinking alcohol again shall be detained for not more than ten days, and shall also be fined not less than one thousand yuan but not more than two thousand yuan, and his motor vehicle driving license shall be revoked. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be able to obtain a new motor vehicle driving license within five years. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and shall not be able to obtain a new motor vehicle driving license within five years. Anyone who drives and operates a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within ten years, and after re-obtaining a motor vehicle driving license, he will not be allowed to drive or operate a motor vehicle. motor vehicles. If a motor vehicle is involved in a major traffic accident after drinking alcohol or while intoxicated, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and the person shall not be allowed to obtain a motor vehicle driving license again for life.