What's the difference between drunk driving and drunk driving?

Hello, dangerous driving includes drunk driving. The crime of dangerous driving refers to drunk driving a motor vehicle on the road, or driving a motor vehicle to chase a race on the road, and the circumstances are bad. Their scope and content are different. Dangerous driving is a general generalization, and drunk driving is one of them, which is the main difference between them.

First, the difference between drunk driving, drunk driving and dangerous driving crime

Drinking driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml.

Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml.

The crime of dangerous driving refers to the behavior of drunk driving a motor vehicle on the road, or driving a motor vehicle on the road to chase and compete, and the circumstances are bad.

Second, drunk driving is not equal to drunk driving, and drunk driving does not have to be punished.

Article 1 of 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 (hereinafter referred to as Opinions on Handling Criminal Cases of Drunk Driving) stipulates that driving a motor vehicle with blood alcohol content above 80 mg/100 ml on the road is a drunk driving motor vehicle, and it is convicted and punished for dangerous driving according to the provisions of the first paragraph of Article 133 of the Criminal Law. Those who fail to meet the standard of drunk driving motor vehicles, that is, those whose blood alcohol content is less than 80mg/ 100ml, shall be given administrative punishment in accordance with the relevant provisions of the Road Traffic Safety Law.

After all, the law is dead, not all drunk driving should be punished. However, Article 2 of the Opinions on Handling Criminal Cases of Drunk Driving stipulates eight situations in which the crime of dangerous driving is severely punished. Including taking the main responsibility or full responsibility for causing traffic accidents, having an escape plot, having a blood alcohol content of 200 mg/100 ml, driving a motor vehicle on expressways and urban expressways, driving an operating vehicle to carry passengers, evading or obstructing inspection, being punished for drunk driving, overloading and speeding or driving unqualified, forging or altering a motor vehicle number plate and other serious violations of road traffic safety laws. And other circumstances that should be severely punished, that is to say, as long as the drunk driver has one or more of the above eight situations, the drunk driving punishment is certain and basically non-negotiable.

Third, is it dangerous to drive after drunk driving?

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents (hereinafter referred to as the Interpretation of Criminal Cases of Traffic Accidents) stipulates that those who cause serious injuries to more than one person, bear all or the main responsibility for the accident, and have drunk driving, drug driving and other violations of road traffic safety shall be convicted and punished for traffic accidents.

Under the same circumstances of other crimes, if one person is seriously injured, the compensation amount cannot reach 300,000 yuan, which is the watershed between the crime of traffic accident and the crime of dangerous driving.

There is another question. Is drunk driving causing serious consequences a crime of endangering public safety? If a drunk driver causes a traffic accident due to negligence, no matter how tragic the consequences of the accident are, the defendant can only constitute a crime of causing traffic accidents, but not a crime of endangering public safety.

4. What will be the punishment for drunk driving?

The "drunk driving" actor who is sentenced to punishment should bear the incidental civil liability of traffic accident compensation in addition to being restricted in personal freedom. The scope of civil compensation includes the reasonable expenses of the victim for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, etc., and the income reduced due to missed work. If the victim is a disabled person, he shall also compensate for the expenses such as the cost of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses. If "drunk driving" does not meet the criteria for imprisonment, resulting in personal injury, the actor will not only bear the compensation for the above contents, but also face more claims for property losses from the injured party, such as disability compensation, follow-up treatment fees, death compensation, living expenses of dependents, etc.

The two concepts are different. Drunk driving means drunk driving, and dangerous driving means that the speed exceeds the range stipulated by the traffic law, which poses a certain threat to road traffic safety. When driving, drivers must obey the traffic rules, whether on the highway or on the ordinary road, they must drive carefully, be responsible for pedestrians and themselves.

legal ground

Article 91 of the Road Traffic Safety Law, whoever drives 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.