20 1 1 Judicial Examination: Interpretation of the administrative responsibility of drunk driving in Article 9 1 of the Road Traffic Safety Law

The administrative responsibility of drunk driving is mainly stipulated in Articles 9 1 and ***5 of the Road Traffic Safety Law. The following is a paragraph-by-paragraph explanation of this provision:

Article 9 1 of the Road Traffic Safety Law: whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 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. Source: www.examda.com.

Article 9 1 of the Road Traffic Safety Law explains that the administrative responsibility of drunk driving is divided into two levels: first, according to the degree of drunk driving, it is divided into drunk driving and drunk driving, and the responsibility of drunk driving is heavier than that of drunk driving. The identification of drunk driving motor vehicles and drunk driving requires the public security traffic control department to rely on instruments for testing. The threshold and detection regulations of alcohol content in blood and breath of vehicle drivers: the alcohol content in blood of drivers per 100 ml is more than or equal to 20 mg and less than 80 mg, which is regarded as drinking and driving; Every 100 ml of blood with alcohol content greater than or equal to 80 mg is drunk driving. It is reported that the current standards are being revised, and the minimum standards for drinking and drunk driving should be appropriately lowered. Secondly, according to the purpose of motor vehicles, it is divided into operating motor vehicles and non-operating motor vehicles. The responsibility of driving operating motor vehicles is heavier than that of driving non-operating motor vehicles.

This paragraph stipulates the administrative responsibility of the driver for driving a non-operating motor vehicle after drinking, and also applies the administrative responsibility of withholding the driver's license for six months and fined 1000-2000 yuan (note that these two types of administrative penalties are applicable at the same time, and law enforcement officers have no discretion. The discretion of law enforcement officers is limited to the amount of fines, ranging from one thousand to two thousand). Source: The beauty of the exam lies in us.

If you are punished for driving a motor vehicle after drinking alcohol, the administrative responsibilities of 10 detention, 1000 fine of more than 2,000 yuan and revocation of motor vehicle driver's license are also applicable: (1) The three administrative punishments must be applied at the same time, and law enforcement officers have no discretion. (2) Law enforcement officers have the right to decide the duration of detention and the amount of fines. (3) If the motor vehicle driver's license is revoked, you can re-obtain the driver's license, and there is no time limit. (4) The prerequisite for the application of this administrative responsibility must be that drinking and driving a motor vehicle is punished, and drinking and driving a motor vehicle for the second time does not belong to the administrative responsibility of drinking and driving a motor vehicle for the second time. That is, the administrative responsibility when it is discovered and punished by law enforcement officers for the first time and discovered again for the second time. This administrative responsibility cannot be applied if it is not discovered at the first time or if law enforcement personnel do not give punishment for favoritism.

Paragraph 2 of Article 9 1 of the Road Traffic Safety Law: Anyone who drives a motor vehicle drunk shall be restrained by the traffic management department of the public security organ until he wakes up, and 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 five years.

The interpretation of this paragraph is the legal responsibility of drunk driving non-operating motor vehicles, including administrative responsibility and criminal responsibility. Criminal responsibility: This provision echoes and unifies the crime of dangerous driving stipulated in the Eighth Amendment of the Criminal Law. Once drunk driving reaches the level of drunk driving (see 1 for the identification of drunk driving), it involves criminal responsibility, and the legal responsibility of deprivation of personal freedom for less than 6 months (criminal detention) and the additional penalty of fine will be applied. Administrative responsibility: the motor vehicle driver's license shall be revoked, and the driver's license shall not be obtained again within 5 years. For drunk drivers, law enforcement officers have the obligation of compulsory restraint until they wake up.

Paragraph 3 of Article 9 1 of Road Traffic Safety Law: Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license within five years.

The interpretation of this provision is the administrative responsibility of driving and operating a motor vehicle after drinking: (1) "detention 15 days, fine of 5,000 yuan, revocation of driver's license, no re-examination within 5 years" is used at the same time, and law enforcement officers have no discretion. The date of detention and the amount of fines are also "one size fits all" and there is no discretion. (two) driving and operating a motor vehicle after drinking, bear the administrative responsibility of this paragraph. Note: 1) This provision can be applied to non-operating motor vehicle drivers driving operating motor vehicles; 2) The provisions of this paragraph do not apply to drivers of operating motor vehicles driving non-operating motor vehicles. (3) The definition of operating motor vehicles should include vehicles that carry passengers and goods and are used for business.

Paragraph 4 of Article 9 1 of the Road Traffic Safety Law: If a drunk driver drives a motor vehicle, the traffic management department of the public security organ will restrain him until he wakes up, revoke his motor vehicle driver's license and pursue criminal responsibility 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.

The provisions of this paragraph shall be interpreted as the legal liability for drunk driving and operating motor vehicles, including criminal liability and administrative liability. For criminal responsibility, please refer to the corresponding part of the second paragraph, criminal detention and fine punishment. Administrative responsibility: the driver's license is revoked, and the re-examination is not allowed within 10 years. You are not allowed to drive and operate a motor vehicle after re-taking the exam (occupational restrictions). Drunk drivers and law enforcement officers have the obligation to restrain them until they wake up.

Paragraph 5 of Article 9 1 of the Road Traffic Safety Law: If a serious traffic accident occurs while driving a motor vehicle after drinking or in a drunken state, 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 driver's license and shall not obtain the motor vehicle driver's license again for life.

The provisions of this paragraph shall be interpreted as the legal liability for drunk driving (including drunk driving and drunk driving) traffic accidents, including criminal liability and administrative liability. Note: (1) This provision can only be applied if there is a major traffic accident during drunk driving. The identification of major traffic accidents, that is, drunk driving constitutes the crime of causing traffic accidents in Article 133 of the Criminal Law. (2) In terms of criminal responsibility, if drunk driving constitutes both the crime of dangerous driving and the crime of causing traffic accidents, several crimes shall be punished together, and one felony shall be punished, that is, the crime of causing traffic accidents shall be convicted and punished. (3) In terms of administrative responsibility, the driver's license shall be revoked, and it shall not be retaken for life. It is impossible to drive a motor vehicle legally in China in the future, unless there are new changes in immigration, driving a black car and legislation.