Driving "driving" after drinking, do not "drunk" to add sin!

Drink without driving, driving without drinking

For many drunk driving, drunk driving

And the driver friend who paid too much about

This is "what a painful understanding"

However, some people know the dangers of drunk driving

But still "risks and risks"

Even "secondary drinking" in order to avoid punishment

Make a confusion

Introduction to the case

In March 2022, the defendant Li Moumou met with friends. During the table, after drunk driving to accompany his friends to go home to deal with the dispute. Someone reported to the police to drive Li Moumou after driving. During the car, a policeman followed and punished in order to escape. Under the instability of a friend, Li Moumou then stopped entering a small tavern to drink again, and was seized by the police officer on the spot.

After being identified by the Judicial Appraisal Center, the ethanol content in Li Moumou was 126.13mg/100ml. Later, the defendant Li Moumou was summoned to the case.

Jizhou Court's trial considers

Defendant Li Moumou's crime of dangerous driving

Jinding detention for one month and fifteen days

Two months of probation

And punish a fine of RMB 3,000

During the period of probation test

Implement community correction according to law

After the driver was seized, in order to evade the law, if you drink alcohol testing or extract blood samples, he should immediately launch the blood alcohol content test. If the alcohol content is inspected to reach the standard of drunk driving motor vehicle, the public security organs shall establish a crime of dangerous driving, and the people's court may be pursuing its criminal responsibility based on the test results.

Life is priceless, and it is forbidden to drive after drinking

01

Misunderstanding 1: Large amount of alcohol, drinking a little will not affect

The standard for the identification of drunk driving has nothing to do with the amount of alcohol, and it depends on whether the alcohol content in the blood has reached the standard.

02

Misunderstanding 2: Moving a car after drinking is not a drunk driving

The car was launched and displaced, and the driver was in driving behavior. If the speed of driving is slower, the driver will also decrease to varying degrees in control and response capabilities. It is prone to accidents.

03

Misunderstanding 3: Riding a motorcycle after drinking does not belong to drunk driving

The two -wheeled and three -wheeled motorcycle belongs to motor vehicles. Like cars, drunk driving motorcycles is punished accordingly.

04

Misunderstanding 4: Do n’t you be responsible for going on a drunk driving vehicle?

Some people think that: a driver driver driver had an accident, and the driver driver was responsible for full responsibility and exempted from the personnel. This view is wrong! While you are away from "drunk driving", you must not only discourage the drunk driver in time, but also don't take a drunk driving vehicle.

05

Misunderstanding 5: Isn't it a drunk driving?

Drunk driving is defined as shorter after alcohol, but is based on the professional test results of blood alcohol concentration. If the alcohol content in the blood exceeds the standard, it will still constitute drinking or drunk driving.

06

Misunderstanding 6: Drinking plenty of water after wine can dilute wine?

This approach is useless. The alcohol detector of the traffic police detects the gas from the lungs, not the oral cavity, and it will not be diluted because of drinking a few mouthfuls.

Law link

Article 133 of the Criminal Law of the People's Republic of China

The crime of dangerous driving on the road is one of the following circumstances.

(1) Chasing the competition, the plot is bad;

(2) Drunk driving motor vehicle;

(3) Entering the school bus business or passenger transportation, it seriously exceeds the rated passenger carrier, or severely exceeds the prescribed speed;

(4) In violation of hazardous chemical safety management regulations, the transportation hazardous chemicals are endangered.

If the owner of the motor vehicle and the manager is directly responsible for the third and fourth behaviors of the preceding paragraph, it shall be punished in accordance with the provisions of the previous paragraph.

For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.

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