How to punish Changshu drunk driving from zero distance?

In Changshu, an incident that shocked many drivers was that a driver was found by the traffic police when he started the car after drinking, but he continued to be punished because the driver might continue to drive a motor vehicle and pose a threat to the road. However, this kind of zero-distance drunk driving penalty still needs to be deducted according to normal standards. 1. How to punish Changshu for zero-distance drunk driving? Whether driving a motor vehicle on the road or not, as long as you are ready to start the vehicle after drinking, you may be punished according to normal laws and regulations. Drinking and driving: driving a motor vehicle by drinking, fined 1 1,000 yuan-2,000 yuan, scored 12 points, and suspended driving license for 6 months; Drinking and driving a motor vehicle will result in a fine of 5,000 yuan, with a score of 12, detention for less than 15 days, and no driver's license can be obtained again within 5 years. Drunk driving: Anyone who drives a motor vehicle drunk will have his driver's license revoked, and may not get a new driver's license within 5 years. After the verdict, he was sentenced to criminal detention and fined; Drunk driving operating a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 10 years, and the operating vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined. Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years. Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again. If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life. Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles. In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial. A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving. The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law. (2) drunk driving a motor vehicle, in any of the following circumstances, shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law: (1) causing a traffic accident, taking full or major responsibility for the accident, or escaping after a traffic accident, which does not constitute other crimes; (2) The alcohol content in blood reaches 200mg/65438 000 ml; (3) Driving on expressways and urban expressways; (four) driving a motor vehicle to carry passengers; (five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates; (6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes; (7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking; (eight) other circumstances that can be severely punished. Three, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime of obstruction of official duties and other crimes, in accordance with the provisions of combined punishment for several crimes. Four, the defendant drunk driving a motor vehicle to impose a fine, according to the defendant's drunkenness, whether it caused actual damage, confession and repentance attitude. , to determine the amount of fines appropriate to the main punishment. Five, the public security organs in the investigation of criminal suspects drunk driving a motor vehicle, the seizure process, breath alcohol content detection and blood collection process should be recorded; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected. Six, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness. If a criminal suspect drinks alcohol before breath alcohol content test or blood drawing in order to avoid legal investigation in the inspection conducted by the public security organ according to law, and his blood alcohol content reaches the drunk standard stipulated in Article 1 of this opinion, he shall be deemed as drunk. Seven, to handle criminal cases of drunk driving motor vehicles, we must strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and timely investigate, prosecute and try within the statutory time limit. A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested. According to the relevant person in charge of the three departments, the Opinions mainly include four aspects: First, the identification of "drunk driving a motor vehicle on the road"; Second, the specific circumstances of heavier punishment for crimes of drunk driving motor vehicles; The third is to deal with the provisions on conviction and sentencing, such as the combined punishment of several crimes in criminal cases of drunk driving motor vehicles and the application of fine punishment; The fourth is to handle the provisions of relevant procedures such as collecting evidence and taking compulsory measures in criminal cases of drunk driving motor vehicles. The Opinions stipulate that driving a motor vehicle with a blood alcohol content of more than 80 mg/100 ml on the road is a drunk driving motor vehicle and is convicted and punished for dangerous driving. The person in charge stressed: "Road sections and parking lots within the jurisdiction of institutions, enterprises and institutions, factories and mines, campuses, residential quarters and other units, where relevant units allow social motor vehicles to pass, also belong to the scope of" roads ",and drunk driving here also constitutes a crime of dangerous driving." It is inevitable to drink before exhaling. According to the Opinions, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in the Opinions after the breath alcohol content test, and escapes before taking blood samples, the breath alcohol content test result can be used as the basis for determining his drunkenness. A criminal suspect who drinks alcohol before breath alcohol test or blood drawing in order to avoid legal investigation in the inspection conducted by public security organs according to law shall be deemed as drunk after testing that his blood alcohol content reaches the drunk standard stipulated in the Opinions. The person in charge said that the Opinions made special provisions on evading blood alcohol content testing. First, the criminal suspect has reached the drunkenness standard stipulated in the Opinions through the breath alcohol content test, but if he escapes before taking blood samples, the breath alcohol content test results can be used as the basis for determining his drunkenness. Second, in order to avoid legal investigation, if a criminal suspect drinks alcohol before breath alcohol test or blood drawing, the result of blood alcohol test after drinking will be taken as the basis for determining whether he is drunk. Drunk driving can get bail pending trial. The opinion puts forward that if drunk driving a motor vehicle obstructs the public security organs from inspection according to law by violence or threat, which constitutes other crimes such as obstruction of official duties, it shall be punished in accordance with the provisions of combined punishment for several crimes. In addition, criminal suspects and defendants who are drunk driving motor vehicles can be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested. There are eight cases of heavier punishment (1) causing a traffic accident, taking full or main responsibility for the accident, or escaping after the traffic accident, which has not yet constituted other crimes; (2) The alcohol content in blood reaches 200mg/65438 000 ml; (3) Driving on expressways and urban expressways; (four) driving a motor vehicle to carry passengers; (five) serious violations of road traffic safety laws, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle number plates; (6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes; (7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking; (eight) other circumstances that can be severely punished. To sum up, although the punished driver may think that it is very wrong to be punished for not driving on the road at all, according to the judgment of the law and the traffic police, it seems likely to continue driving. For the need of prevention, zero-distance drunk driving must be included in the normal drunk driving punishment category.