Drinking 48 bottles of Huoxiangzhengqi in the bartender, the ending of the man is worthy of the driving people!

Recently, a man in Yunnan made 48 bottle of Huoxiangzhengqi water for drinking addicted to the drunk driving.

It is reported that before driving on the day of the incident, Geng Moumou drank about 48 bottles of Huoxiang Zhengqi in a short time because of alcohol addiction. Although he did not drink directly, the alcohol content in the body had reached the standard of drunk driving. In the end, the court ordered it to constitute a dangerous driving crime, sentenced to two months of detention, and fined 2,000 yuan.

News picture

In the hot summer, the hot summer is unbearable, and the "wine cells" of many people have gradually begun to be active. But between the staggered stagnation, we must always tighten the drunk driving. Otherwise, the risk will inevitably eat the fruit and be severely punished by the law.

Since June 25, the Beijing Municipal Public Security Traffic Management Department has strongly carried out a special rectification of summer prominent traffic violations in summer, focusing on a series of outstanding traffic violations such as drunk drunk driving. Just recently, the Beijing Public Security Traffic Management Department announced the list of 12 lifelong banned personnel. Among them, there were 4 people who made a crime of traffic accidents due to drinking or drunk after drinking or drunk.

The following cases from all over the country are also vivid lessons.

Case 1: Driving at home after drinking, the dogs in the village "enthusiastically report"

In July 2022, two men in Taizhou City, Zhejiang Province drove home after drinking alcohol. Unexpectedly, after arriving at the door of the house, both were bitten by a dog in the village. When the friends in the village learned that the two were bitten by the dog, they called the police call and asked the police to help the dog owner ask for justice. During the investigation, the police found that one of them was vague, intentionally avoided the problem, and suspected of drunk driving. Therefore, the man conducted the essence of Qi -blowing wine and blood testing. The two test results showed that the man had reached the drunk driving standard.

The picture comes from the Internet

Case 2: Although the exercise jump exercise is good, it can be used for hangover and can be wrong

In the early morning of July 9, the driver Li was seized by the police at a card point at an intersection in Nanjing, Jiangsu Province. The results of the alcohol detector was shown as drunk driving. Seeing the test results, Li then turned on the "movement mode", jumped in place, and wanted to promote blood circulation through exercise, and "strive to" detect the value lower. However, the police reminded him to accelerate metabolism and promote blood circulation to make the value higher. In the end, Li's blood test was 109.4mg/100ml, which would be held criminally responsible for suspected dangerous driving.

The picture comes from the Internet

Case 3: Special "fate", at the same time after one year

On May 4, 2021, a man in Chongqing was seized by the police at the scene for driving a motorcycle after drinking. When the police entered the man's illegal behavior into the system in accordance with the law, he found that on May 4, 2020, the man was at this time. The road section was seized by the police on the spot because of drunk driving, and even the seized time was only three minutes different from last year. In addition, its motorcycle still has a certificate and a uniform card. In the end, the man was punished with a motor vehicle driving license, a fine of 4,000 yuan and a 10 -day penalty.

The picture comes from the Internet

The case is vivid,

The lesson is even more painful.

So,

What are the criteria for drunk driving and drunk driving?

What are the consequences?

What legal responsibilities will be assumed?

When a friend party drinks,

What should I do if I find the same drunk?

French newspaper Jun specially invited

Beijing Xicheng District People's Court

Zheng Yuxin, a member of the people of the people

Let's explain it in detail for everyone.

Question 1: What are the standards for drunk driving and drunk driving?

Zheng Yuxin: According to the relevant provisions of the national standard "Blood, Exploring the Blood, Explorer Wine Extractive Threshold and Inspection (GB19522-2010)", driving motor vehicles on the road, blood alcohol content reaches 20 mg/100 ml, 80 mg/100/100 Below of milliliters belongs to drinking driving motor vehicles. If the blood alcohol content reaches 80 mg/100 ml, it belongs to the drunk driving motor vehicle.

It should be noted here that the evaluation of drunk drunk driving is based on the final blood testing. Some foods such as egg yolks and lychee may also detect the value of drunk driving. At this time, you can apply for blood testing. But like this man who drank about 48 bottles of Huoxiangzhengqi, because his blood already contained a lot of alcohol, although he did not drink alcohol, it was also a drunk driving behavior.

what

Zheng Yuxin: Due to the different standards of drunk driving and drunk driving, the legal responsibilities bear are different. According to the relevant laws and regulations of my country, the driving license was temporarily deducted for the first time, and the administrative penalty was fined 1,000 to 2,000 yuan. If the driver does not know how to repent and drunk the second drunk, he will be detained for 10 days, revoke the driver's license, and impose a fine of 1,000 to 2,000 yuan.

If you constitute a drunk driving, you will be involved. Article 133 of my country's Criminal Law stipulates that those who drunk motor vehicles on the road will be detained and fined. Article 91 of the my country Road Traffic Safety Law stipulates that those who drunk driving motor vehicles shall be restricted by the traffic management department of the public security organs to wake -up, revoke a motor vehicle driving license, and investigate criminal responsibility in accordance with the law. If a major traffic accident occurs after drinking or drunk driving motor vehicles, if a crime constitutes a crime, criminal liability is investigated in accordance with the law, and the traffic management department of the public security organs will revoke the motor vehicle driving license by the public security organs.

Question 3: What are the adverse consequences of drunk driving and drunk driving? Zheng Yuxin: Drunk driving not only needs to bear the corresponding legal responsibilities, but also causes many serious consequences. In terms of economy, the provisions of the demonstration clause (2020 version) stipulates that the driver drinks, sucks or injects drugs, take psychotropic drugs or anesthesia for anesthesia after driver If the loss of motor vehicles may cause the third person's physical property loss, the insurer is not responsible for compensation. In addition, if the car accident causes the victim's personal or property losses after the drunk, after the strong insurance company shall bear the liability of the victim's loss, it shall have the right to recover from the driver. In terms of work, if the criminal responsibility is investigated for drunk driving, if the employer is investigated in accordance with the law in accordance with Article 39 of the Labor Contract Law of my country, the employer may terminate the labor contract. If as a legal representative, you cannot handle the business license smoothly. In terms of families, after the driver is held criminally responsible for drunk driving, the entire family will bear a huge psychological burden, especially to easily cause shadows to underage children.

Question 4: What should I do when they are drunk when they meet? What legal risks may be faced?

Zheng Yuxin: As a co -drinker at the party, he must discourage excessive drinking people in time. When encountering drunk, he must do his obligation to security, take care of the drunk, pay attention to each other Essence

During the drinking process, if the same drinker did not fulfill the above -mentioned careful attention obligations, and the drunk person encounters injuries or death, the same drinker may bear the corresponding infringement liability according to his fault. For example, when the other party is drunk, he is still forcibly persuaded, or knows that the other party cannot drink and still persuade him to drink; the drunk person is not escorted safely; the drunk driving is not dissuaded to cause a car accident and other behaviors. The degree of careful attention should be limited to ordinary people's attention, that is, within the foreseeable range of ordinary people.

In addition, Article 105 of the Civil Code of my country stipulates that if the right to life, physical rights, and health rights of natural persons shall be infringed or in other crisis cases, organizations or individuals with legal rescue obligations shall be rescued in time. If others threatened their lives due to drinking, the same drink should be sent to the hospital for treatment in time.

Question 5: After the dinner was drunk, he went home alone. There was a traffic accident on the road. The drunk person did not violate traffic rules. Do people who drink together need to be responsible for this?

Zheng Yuxin: The four elements of infringement liability include the causal relationship of infringement, subjective fault, damage consequences, fault behavior and damage consequences. Drunk people do not violate traffic rules in the traffic accident. The consequences of death are completely caused by the other party of the traffic accident violation of traffic rules. responsibility. However, the drunkard will go out. If the traffic accident and traffic police determine that the drunk person has also been wrong, the same drinker needs to bear the corresponding responsibility. Source: Rule of Law Daily

- END -