How to judge a drunk driver who hits someone?
In recent years, traffic accidents caused by drunk driving have become common, seriously threatening public safety. How to sentence someone after a drunk driver hits someone has become a hot topic of social concern. This article combines the hot discussions on the Internet in the past 10 days to sort out the judgment standards, legal basis and typical cases of drunk driving and collision cases to help the public understand the relevant legal knowledge more clearly.
1. The legal definition of drunk driving hitting someone
According to Article 133 of the Criminal Law of the People's Republic of China, hitting someone while drunk driving is a "dangerous driving crime" or a "traffic accident crime". The specific sentencing depends on the severity of the accident, casualties and the driver's subjective malice.
| behavior type | Legal terms | Sentencing standards |
|---|---|---|
| Drunk driving did not cause an accident | Article 91 of the Road Traffic Safety Law | Driving license suspended, fined, detained |
| Drunk driving causing minor injuries | Article 133 of the Criminal Code | Fixed-term imprisonment of not more than 3 years or criminal detention |
| Drunk driving causing death or serious injury | Article 133 of the Criminal Code | Fixed-term imprisonment of not less than 3 years but not more than 7 years |
| Drunk driving resulting in death | Article 133 of the Criminal Code | 7 years or more in prison |
2. Key factors affecting the judgment
Judgments in drunk driving collision cases are not static. The judge will comprehensively consider the following factors:
| factors | Description |
|---|---|
| blood alcohol content | Exceeding 80mg/100ml is considered drunk driving and the sentence will be more severe. |
| Accident liability ratio | Those who are mainly or fully responsible will be sentenced more severely. |
| Whether to take the initiative to rescue | Increased punishment for escapees |
| Compensation and settlement status | Active compensation can reduce penalties |
3. Recent typical cases
The following are the verdicts of recent drunk driving collision cases that have sparked heated debate:
| Case | alcohol content | Casualties | Judgment |
|---|---|---|---|
| A drunk driver hit a pedestrian and injured him | 120mg/100ml | 1 person slightly injured | 4 months’ detention and a fine of 5,000 yuan |
| Drunk driving in a city killed 2 and injured 1 | 150mg/100ml | 2 people died and 1 was seriously injured | 6 years in prison and 2 million yuan in compensation |
| High-speed drunk driving escape case | 90mg/100ml | 1 person died | 8 years in prison, life ban from driving |
4. How to avoid drunk driving tragedy
The dangers of drunk driving are self-evident. The public should increase their legal awareness and do the following:
1.Say no to drunk driving: Choose driving or public transportation after drinking alcohol.
2.Take the initiative to discourage others: If you find your relatives or friends driving drunk, you should stop them immediately.
3.Strengthen legal publicity: Warning about the consequences of drunk driving through case education.
Drunk driving not only threatens your own safety, but may also destroy the happiness of multiple families. Severe punishment by law is to maintain social fairness and justice, and everyone's conscious compliance is the basis for reducing tragedies.
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