Unlicensed+drunk driving motorcycle+minor ... What to punish?Will it be detained?
Author:Shanxi Evening News Time:2022.07.29
Can I drive after drinking? Can minors drive motorcycles? Can I ride a motorcycle without wearing a helmet? you still need to ask? The answer is of course, not! cannot! cannot! However, recently, the traffic police brigade of the Fenxi County Public Security Bureau of Linfen City has seized two traffic violations involving minors drunk.
During the summer vacation, the "God Beast" came out. The opportunity for children to go out has greatly increased, and some traffic safety issues that cannot be ignored also surfaced. There is no small matter for safety, protecting students' traffic safety and healthy growth, and everyone needs to work together.
No license drunk driving motorcycle asks or high school students
On July 12, Fenxi Traffic Police launched a unified operation of violations of the law of drunk drunk driving traffic on Gulou sections of West Street in the area under its jurisdiction. At 20:40, the two unlicensed motorcycles drove into the police's sight. During the routine inspection of the police, the police found that the two motorcycle drivers were suspected of minors and had a strong wine flavor.
When the police asked, they knew that Xiaomeng and Pony, who were riding a motorcycle, were 16 years old and a 17 -year -old, and they were still high school students. They drank three barrels of beer together at the time of dinner. After testing the blood test, the alcohol content in Xiaomeng's blood was 98.32mg/100ml, which was drunk driving; the alcohol content in the pony blood was 55.83mg/100ml, which was driving a motor vehicle after drinking.
Xiao Meng drove a motor vehicle after being drunk and had a traffic violation of unlicensed and unlicensed and unlicensed safety helmets. He would face a penalty and not be able to obtain a driver's license within 5 years. Pony will face a fine of 1350 yuan because of the traffic violations of unlicensed and unlicensed and unlicensed and unlicensed and unlicensed and unlicensed and unlicensed.
It turned out that both of them secretly took the keys to the house and went out of a motorcycle. The parents did not know. After the police criticized and educated it, they ordered their parents to strengthen the management and education of minors to prevent similar situations. At present, the case is being handled.
Parents should control the car key
According to the relevant person in charge of the Traffic Management Bureau of the Provincial Public Security Department, due to the immature physiological and psychological conditions, minors lack traffic safety awareness, retrograde, superposition, overspeed, do not wear safety helmets, and rushing rampant during cycling, it is easy to occur in traffic accidents. It will cause huge harm to children and families. In addition, minors driving illegally, or even driving, and the legal consequences caused by their parents or guardians to bear all or joint responsibilities.
How to avoid danger? The traffic police said that this requires joint efforts of minors, parents and schools. The minors need to know which are illegal driving behaviors. In accordance with the provisions of my country's road traffic safety laws and regulations, it is strictly forbidden to ride a bicycle (including shared bicycles) on the road under the age of 12. Driving at the age of 18, it is strictly forbidden to drive on the road.
Minors' minds and physical functions are not mature, and they do not have the consciousness and ability of safe driving motor vehicles. During the summer vacation, children do not have the supervision of schools and teachers. In addition, some parents' neglect and lack of supervision, the opportunity for children who are in contact with vehicles at home have increased greatly. Parents must attach enough attention, do their best to take care of the responsibility of guardianship, strengthen safety education, and do not allow less age children to drive electric vehicles and bicycles; take care of the vehicles and keys at home. Don't give your child a chance to steal the key. At the same time, parents must also establish a good example of compliance with traffic regulations. Riding motorcycles and electric vehicles to wear safety helmets, driving on the road without retrograde, not super, non -speed, no red lights, etc., consciously abide by the law.
The school and related education departments should strengthen the transportation safety education of minor students, cultivate students' awareness of law and safety, strengthen the ability to prevent self -precautions for traffic safety, remind students and parents to pay attention to summer travel safety, strengthen safety warning reminders, and achieve alarm clocks to achieve the alarm clock. Long Ming.
"Forty million" to remember
What is the most important during holidays? Safety is the most important. In this regard, the Shanxi Public Security Traffic Police issued a special "40 million" reminder:
Don't drink drunk. There are thousands of ways to celebrate, let's not choose to drink. Drunk driving is the bottom line, don't touch it.
Don't drive without a license. No driver's license yet? Don't worry, you can take a driver's license when you are 18 years old. Let's get the certificate first and then drive.
Maleless helmets. You can ride an electric bicycle on the road at the age of 16, and remember to wear a helmet.
Don't touch motorcycles. There are tens of millions of roads, the first one is safe. Motorcycles are also motor vehicles. Do n’t ride without a license. It is not cool at all.
Parents are attractors on the road of safety growth. They are civilized by example. They always wake their children to abide by law in order to truly travel safely and celebrate their holidays.
How to punish minors without a license? Will minors have been detained without a license?
Driving a motor vehicle for not obtaining a driver's license will be exercised on the road, with a fine of 200 yuan to 2,000 yuan, and can be detained for less than 15 days. Under normal circumstances, minors are not detained, and their parents or guardians are required to bring them back to strict education. Driving the motor vehicle or lent to a person who has not obtained a driver's license can revoke the driver's license of the motor vehicle owner.
Related punishment is divided into 3 cases:
1. Those who are at least fourteen years old and less than 16 years old will be fined 200 yuan to 2,000 yuan, exempt from detention on the 15th.
2. At the age of sixteen, he is less than eighteen years old. For the first time, if he violates public security management, it will be exempted from punishment for less than 15 days. The guardian will be fined 200 yuan to 2,000 yuan. 3. Minors who are less than 16 years old are not for the first time to violate the "Public Security Management Penalty Law". They will be fined 200 yuan to 2,000 yuan, and they will be detained for less than 15 days.
What if the driver is seriously injured?
According to Article 133 of the Criminal Law, three different criminal levels (sentencing grades) are stipulated in the crime of traffic accidents. Among them, in violation of transportation management regulations, major accidents occur, causing serious injuries, death, or major losses to public and private property suffered major losses For less than 3 years of imprisonment or detention.
What are the cases of unlicensed driving?
According to Article 21 of the Public Security Management Punishment Law, if there is one of the following situations in violation of public security management actors, if administrative detention and punishment shall be given in accordance with this law, administrative detention punishment shall be imposed:
(1) At least fourteen years old and less than 16 years old;
(2) At the age of sixteen, he is less than eighteen years old, and the first violation of public security management;
(3) Over seventy years old;
(4) Pregnancy or breastfeeding themselves are less than one year old baby.
What are the cases as unlicensed driving?
Driving motor vehicles without a license, the punishment in accordance with the law: Article 99 of the "Road Traffic Safety Law" stipulates that the motor vehicle driver's license, the motor vehicle driver's license is revoked or the motor vehicle driver's license is temporarily detained during the driver's motor vehicle during the period Fined fines of less than 200 yuan and less than 2,000 yuan can be detained below 15 days.
There may be the following situations that are unlicensed and regarded as unlicensed driving:
1. There is no driver's license;
2. Without examinations, illegally obtain a driver's license;
3. The driver's license was canceled and revoked;
4. Do not meet the driving conditions (age and health), illegally obtain a driver's license;
5. The driver's license has exceeded the validity period;
6. The driver's license is temporarily detained;
7. Driving civilian motor vehicles holding a driver's license with the army and armed police forces;
8. Driving in China with a driver's license with overseas motor vehicle;
9. Driving vehicles exceeding the maximum quasi -driving model.
Will there be archives records?
Under normal circumstances, it will not affect personal credit records, but there will be archive records when constituting criminal crimes. Depends on the punishment of unlicensed driving:
(1) The driver of the motor vehicle will submit the motor vehicle to the person who has not obtained a motor vehicle driver's license or a motor vehicle driver's license.
(2) If the motor vehicle driver's license, the motor vehicle driver's license is revoked or the driver's motor vehicle is driven during the temporary deduction, the motor vehicle will be submitted to the driving of the motor vehicle driver's license or the motor vehicle driver's license is revoked and temporarily detained. In the traffic management department of the public security organs, a fine of 2,000 yuan or less than 2,000 yuan may be detained for 15 days.
Writing: Shanxi Evening News all -media reporter Yang Jing
Intern Li Jiarong
Editor: Shanxi Evening News all -media editor Yan Ting
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