[Jian Jian No. 3] Shanghai Traffic Police strictly checks drunk driving!

Typical Case

At 19:52 on June 18, 2022, the Songjiang Traffic Police was about 500 meters east of the east of Castle Road, Zhongshan East Road to conduct an exhaled alcohol test on driving Shanghai AF ***** small car driver Liu Moumou. As a result, it was 25mg/100ml. After driving a motor vehicle after drinking, the police then took mandatory measures to detain their driver's license.

At 21:30 on June 17, 2022, Pudong Traffic Police Zhang Moumou, a driver who drove Shanghai CY **** small sedan on the west of Chongshi Road in Dongda Highway. The test was 51mg/100ml, and it was suspected of driving a motor vehicle after drinking. Subsequently, the police issued a certificate of compulsory measures for public security traffic and transferred to the brigade accident team for further treatment.

Drunk driving cost

1. Legal cost

According to the relevant provisions of the Road Traffic Safety Law, drunk driving and drunk driving traffic violations must pay heavy legal costs:

● Drinking driving = temporarily deducting 6 months of motor vehicle driving license+1000-2000 yuan fine+12 points at a time.

● Driving and driving again = detention of less than 10th+1000-2000 yuan fine+revoking driving license.

● major traffic accidents in drinking and drunk driving constitute a crime = criminal liability+revoke driver's license+lifelong ban.

● Drinking driving operating motor vehicle = 15 -day detention+5,000 yuan fine+revoking driving license+not allowing the driver's license within 5 years.

● Drunk driving = restriction to wine wake+revoking driver's license+within 5 years must not obtain driving license+criminal liability.

● Drunk driving operating motor vehicle = restriction to wine wake+revoking motor vehicle driving license+criminal responsibility+10 years of not allowing the motor vehicle driver's license+re -obtaining the driver's license must not drive a motor vehicle.

In my country ’s illegal act of drunk driving, regardless of whether the circumstances are bad or whether the consequences cause the consequences, they are convicted in accordance with the“ dangerous driving crime ”.

2. Economic cost

The economic cost of drunk driving may allow you to lose your family in minutes:

● Insurance does not pay. Article 6 of the Insurance Law stipulates that in the following circumstances, the insurance vehicle loss is caused by any reason, and the insurer is not responsible for compensation: (4) Drivers who use insurance vehicles after drinking, taking or injection of drugs, and drug anesthesia.

If the driver causes the victim's property loss after a car accident, after the losses of the victim's personal rights and interests of the victim's personal rights are liable for compensation, they have the right to recover from you. This requires yourself and your family, because your drunk driving behavior has caused the family to be involved, and it will be lost!

● huge compensation. Traffic accidents in drunk driving will increase the responsibility in the traffic accident and cause a person to die, and shall bear the compensation for the family members of the deceased.

Traffic accidents in drunk driving cause one person to die in 2018. The 2018 compensation criteria take Shanghai as an example: Death compensation: Town = 1,251,920 yuan (maximum amount). If it is reconciled, the cost may be higher, and compensation is compensated according to the request of the victim's family.

3. Workplace cost

● Lawyer and physician suspension. According to Article 49 of the Lawyer Law, "If a lawyer is punished by criminal punishment for intentional crimes, his lawyer's practice certificate shall be revoked by the judicial administrative department of the people's government of the province, autonomous region, and municipality directly under the Central Government.

● The employees of the company have the right to terminate the labor contract. Article 39 of the Labor Contract Law of the People's Republic of China stipulates that if a laborer is held criminally responsible in accordance with the law, the employer may terminate the labor contract.

● Unable to apply for national civil servants.

● Dangdian or applying for military academies cannot pass political censorship.

● Drivers engaged in operating industries such as taxis, trucks, passenger vehicles, etc. are even more risk for unemployment, especially drunk driving will not be able to engage in operating work for life.

● As a legal representative, he cannot handle business licenses smoothly. In the "Regulations on Registration of Enterprise's Legal Representatives", those who are being executed or criminal measures are being executed or being executed.

● French inspection and public officials are doubled. According to regulations, party members and national civil servants have experienced illegal drinking driving driving. In addition to being punished by traffic regulations, they will also be notified to disciplinary inspection and supervision organs and be investigated and punished.

The drunk driving motor vehicle constitutes the crime of dangerous driving stipulated in Article 133 of the Criminal Law. Article 38, paragraph 2 of the Communist Party of China stipulates: "Party members who seriously violate the criminal law must be expelled from the party." To be fired. "Therefore, if you meet the drunk driving standards, the party should be expelled and fired in accordance with the above provisions.

4. Time cost

The cost of drunk driving is huge. After driving or drunk, you will lose personal freedom even if there is no accident. Facing the maximum administrative detention or criminal penalties of the maximum 6 -month detention. If an accident constitutes a traffic accident, it will be imprisoned or detained for less than 3 years; those who escape or have other harsh circumstances shall be sentenced to imprisonment of 3 years and 7 years; those who die due to escape will be sentenced to more than 7 years in prison.

5. Family cost

Driving and driving illegal actors are investigated for criminal responsibility, and the family will bear a huge psychological burden, which is particularly easy to cause shadow on minor children in the family. Driving and driving illegal actors are investigated for criminal responsibility, and the family will bear a huge psychological burden. It is particularly easy to have a shadow on the children in the family. Because parents are drunk, the criminal records are accompanied by a lifetime. Children apply for civil servants, goes to the military and police schools, and join the party.

6. Social cost

The consequences of drunk driving have far -reaching impact, the crushing of countless families, the harm after the injury, the harm after the disabled, the family harm after death, and the impact of the harmony and stability of society.

7. Other costs

● Investigation and punishment of spiritual costs, once drunk driving and drunk driving are investigated, because of various punishments, mental torture is inevitable.

● "Drunk Drunks" will be included in personal credit records, loans, consumption or restrictions. The public security organs will dock with the municipal government credit reporting management department, and timely transfer to investigate and deal with information and punishment data of illegal actors of "drunk drunk driving", incorporate personal credit records, and form a joint punishment mechanism.

● Affect the application for visa abroad. Drunk driving has been included in the criminal law and will leave a case for the parties, so it will affect the passage of political trials. To apply for an immigration visa, you need to provide a proof of non -criminal records, otherwise the visa will be refused.

The last thing to remind everyone is

Even if you don't have a drink after drinking

It may also constitute a common crime of dangerous driving

Generally there are the following situations

▶ During the drinking process, the perpetrator knew that the driver had to drive, and still tried to persuade or coercion, stimulate his drinking, and did not give him a driver after drinking.

▶ The actor knows the driver's drinking, instability, coercion or ordering the driver to drive a motor vehicle.

▶ The vehicle owner knows that the borrowing person is drunk and requires driving a motor vehicle.

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