China News Service, March 29. According to the "Shanghai High Court" WeChat public account, recently, the Shanghai Jinshan District People's Court (hereinafter referred to as the Jinshan District People's Court) concluded a case in which the driver canceled the driving service midway and was caught driving drunk. Criminal Driving Cases. The defendant Wang was sentenced to three months' detention for dangerous driving and fined RMB 6,000.
Brief introduction to the case
On the evening of October 6, 2023, Wang ate at a shopping mall in Jinshan and drank a bottle of rice wine and two bottles of beer. At around 22:00 that night, Wang sought a driving service through a certain driving platform, and Chen started the driving business after receiving the order through the platform. Chen drove according to the indicated route. After passing several intersections, Wang thought that Chen had deliberately taken a long detour, so he asked Chen to get off the car and ended the driving service.
After the driver got off the car, Wang drove by himself. After driving for a certain distance, he was seized by the police. After Wang's blood was extracted and identified, the alcohol content in his blood was as high as 236 mg/100 ml, exceeding the legal limit, and he was drunk. Driving a motor vehicle.
Defendant Wang truthfully confessed the above facts after arriving at the case, and pleaded guilty and accepted punishment.
After trial, the Jinshan District People's Court held that the defendant Wang drove a motor vehicle while drunk on the road, and his behavior constituted the crime of dangerous driving. If he truthfully confesses his crime after arriving at the case, he may be given a lighter punishment. Defendant Wang pleads guilty and accepts punishment, and may be treated leniently. In the end, the People's Court sentenced the defendant Wang to three months' detention for dangerous driving and fined him RMB 6,000.
Judge's statement
Zhou Wei, Senior Judge Level 4, Criminal Tribunal, Jinshan District People’s Court
"Don't drive when you drink, don't drink when you drive" needs every car owner to keep in mind at all times and never take chances, take risks, or try the law. Although the defendant Wang in this case had the awareness to hire a driver after drinking, he did not always tighten the string. He ultimately violated the criminal law and paid a heavy price.
Starting from December 28, 2023, the 2013 version of the "Opinions on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Drunk Driving of Motor Vehicles" that has been in effect for 10 years will be abolished, and the latest "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving" will be implemented ( (hereinafter referred to as the new regulations). The new regulations require the case-handling agencies to implement differentiated treatment based on the specific circumstances of the case, be lenient when necessary, severe when severe, and punish the crime accordingly. They must adhere to the combination of punishment and prevention to prevent and reduce the occurrence of drunk driving behavior from the source. .
1. Drunkenness standards have not been relaxed, and the new regulations demonstrate the judicial temperament
The new drunkenness standard has not changed. The blood alcohol content remains the same as the original standard of 80 mg/100 ml. However, while adhering to the original standards, a more flexible approach was adopted to optimize the standards for entry and exit crimes. If the blood alcohol content is less than 150 mg/100 ml, and does not meet the circumstances specified in Article 10 of the new regulations, that is, if there is no serious speeding, driving without a license, etc., it can be deemed that the circumstances are obviously minor and the harm is not serious, and no action is taken. Crime handling.
In addition, the new regulations also provide provisions for real-life phenomena such as moving cars and parking into parking spaces. What is particularly clear about flexible justice is that when driving a motor vehicle for emergencies such as first aid to the injured or sick, the new regulations clearly stipulate that, If the crime qualifies as emergency avoidance, it will be handled in accordance with the emergency evasion clauses. If it does not meet the emergency evasion clause, it may still not be treated as a crime if certain conditions are met.
2. The new regulations are lenient but strict to safeguard the safety of people’s lives and property
The new regulations are not only lenient, but also strict. Article 10 of the new regulations lists up to 15 severe penalties, such as driving a motor vehicle without a license, escaping after causing a traffic accident, seriously overloading and speeding, and driving on the highway. Driving etc. In addition, Article 14 of the new regulations lists 10 situations in which probation is not applicable, such as blood alcohol content exceeding 180 mg/100 ml, escaping after causing a traffic accident, driving after taking psychotropic drugs or narcotic drugs controlled by the state, etc. In the above circumstances, probation is generally not applicable. In this case, the defendant Wang’s blood alcohol content reached 236 mg/100 ml, far exceeding 180 mg/100 ml. The People’s Court finally sentenced him to three months of criminal detention.
3. Any disputes with the driver must be dealt with rationally
During daily travel, if there is a dispute with the driver, the car owner should remain rational.
First, do not take extreme measures to interfere with the normal driving of the driver. This may lead to major traffic accidents and cause greater harm to yourself and others.
Second, handle disputes rationally and do not act out of emotion. In this case, Wang was sentenced because he failed to take the correct approach and chose to drive drunk after having a dispute with the driver.
Nowadays, most agency drivers are managed by platform companies. In view of the problems of some agency drivers such as raising prices, taking long detours, and leaving midway, it is recommended that car owners can complain or report the situation to the platform company and safeguard their legitimate rights and interests in accordance with the law.
Legal link
1. "Criminal Law of the People's Republic of China"
Article 133-1 Whoever drives a motor vehicle on the road and falls under the following circumstances shall be sentenced to criminal detention and shall also be fined.
(1) Chasing and racing, the circumstances are egregious;
(2) Driving a motor vehicle while drunk;
(3) Engaging in school bus business or passenger transportation, carrying passengers seriously exceeding the rated number of passengers, or driving at a speed seriously exceeding the prescribed speed limit;
(4) Transporting hazardous chemicals in violation of regulations on the safety management of hazardous chemicals and endangering public safety.
If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
If the acts in the preceding two paragraphs constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions of heavier penalties.
2. "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving"
Article 10. Drunk driving under any of the following circumstances, which does not constitute other crimes, shall be dealt with more severely:
(1) Causing a traffic accident and taking full or major responsibility for the accident;
(2) Escape after causing a traffic accident;
(3) Driving a car without obtaining a motor vehicle driving license;
(4) Driving seriously overcrowded, overloaded or speeding;
(5) Driving after taking psychotropic drugs or narcotic drugs controlled by the state;
(6) Driving a motor vehicle to engage in passenger transport activities and carrying passengers;
(7) Driving a motor vehicle for school bus business and carrying teachers and students;
(8) Driving on the highway;
(9) Driving a heavy-duty truck;
(10) Transporting hazardous chemicals and dangerous goods;
(11) Evade or obstruct public security organs’ inspection according to law;
(12) Carrying out threats, retaliation, inducement, bribing witnesses, appraisers and other personnel, or destroying or fabricating evidence and other acts that obstruct justice;
(13) Have been seized or received administrative penalties for driving a motor vehicle after drinking alcohol within two years;
(14) Those who have been convicted of dangerous driving behavior within five years or have been relatively not prosecuted;
(15) Other situations that require serious handling.
Article 12 If a drunk driver has one of the following circumstances and does not meet the circumstances specified in Article 10 of these Opinions, the circumstances may be deemed to be obviously minor and the harm is not serious. In accordance with the provisions of Article 13 of the Criminal Law and Article 16 of the Criminal Procedure Law deal with:
(1) The blood alcohol content is less than 150 mg/100 ml;
(2) Driving a motor vehicle for emergencies such as first aid to injured or sick persons, and this does not constitute emergency avoidance;
(3) Driving a motor vehicle for short distances in residential areas, parking lots and other places for moving cars, parking into parking spaces, etc.;
(4) Driving a motor vehicle to a residential area, parking lot, or other places for a short distance by another person to take over the parking of the motor vehicle, or driving out of a residential area, parking lot, or other place for a short distance in order to be driven by another person;
(5) Other circumstances where the circumstances are obviously minor.
If a drunk driver has no choice but to drive a motor vehicle due to emergencies such as rescuing the sick and injured, which constitutes an emergency evacuation, he shall be dealt with in accordance with the provisions of Article 21 of the Criminal Law.
Article 14: A drunk driving defendant who complies with the provisions of Article 72 of the Criminal Law shall be given a suspended sentence in accordance with the law. If one of the following circumstances occurs, probation is generally not applicable:
(1) Causing a traffic accident that causes minor or minor injuries to others, and being fully or mainly responsible for the accident;
(2) Causing a traffic accident and taking full or major responsibility for the accident without compensating for losses;
(3) Escape after causing a traffic accident;
(4) Driving a car without obtaining a motor vehicle driving license;
(5) Blood alcohol content exceeds 180 mg/100 ml;
(6) Driving after taking psychotropic drugs or narcotic drugs controlled by the state;
(7) Using violent means to resist lawful inspection by public security organs, or committing acts that obstruct justice;
(8) Have been seized or received administrative penalties for driving a motor vehicle after drinking alcohol within five years;
(9) Those who have been convicted of dangerous driving behavior or relatively not prosecuted;
(10) Other serious circumstances.