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Does the second drunk driving detention have an impact on the next generation?
Being detained for drunk driving for the second time is an administrative punishment, which generally does not leave a criminal record and has no effect on children. However, if it constitutes drunk driving, it is an illegal crime, which will leave a criminal record and have a great impact on the next generation.
Drunk driving refers to controlling and driving motor vehicles under the influence of alcohol and alcoholic beverages, sometimes including bicycles, vehicles or machinery with engines and motors, horseback riding, etc., which is the main cause of death in car accidents. Such behavior is considered as a traffic violation, even a crime.
Drunk driving will affect the ability to drive safely and greatly increase the risk of accidents. In criminal law, it is considered to belong to the category of "cognitive negligence", that is, "foreseeing that it will happen, but being sure that it will not happen without taking preventive measures".
legal ground
Road Traffic Safety Law of the People's Republic of China
Article 91 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.
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. Article 92 If a highway passenger vehicle carries more passengers than the approved number of passengers, it shall be fined between 200 yuan and 500 yuan; More than 20% of the rated passengers or illegal cargo, punishable by a fine of more than 2000 yuan in 500 yuan.
If the freight motor vehicle exceeds the approved load quality, a fine of more than 200 yuan and less than 500 yuan shall be imposed; More than 30% of the approved load quality or passengers in violation of regulations, a fine of more than 2,000 yuan shall be imposed on 500 yuan.
Whoever commits the acts mentioned in the preceding two paragraphs shall be detained by the traffic administrative department of the public security organ until the illegal state is eliminated.
The vehicle of the transport unit has the circumstances specified in the first and second paragraphs of this article, and if it is not changed after punishment, the directly responsible person in charge shall be fined between 2,000 yuan and 5,000 yuan. Article 93 Anyone who violates the provisions of road traffic safety laws and regulations on motor vehicle parking and temporary parking may point out the illegal act, give a verbal warning and order him to leave immediately.
If the driver of a motor vehicle is not at the scene or refuses to leave immediately although he is at the scene, thus obstructing the passage of other vehicles and pedestrians, a fine of not less than 20 yuan but not more than 200 yuan may be imposed, and the motor vehicle may be towed to a place that does not obstruct the traffic or parked at a place designated by the traffic management department of the public security organ. The traffic administrative department of the public security organ shall not charge the parties the trailer fee, and shall inform the parties of the parking place in time.
If the motor vehicle is damaged due to improper traction methods, it shall be liable for compensation according to law.
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