Looking at the ＂decline＂ of the implementation effect of the ＂new regulations on drunk driving punishment＂ through the data of handling cases has become a key highlight.

CCTV News:On August 6th, the Supreme People’s Procuratorate released the case data since the implementation of the new regulations on drunk driving punishment for the first time. In the first half of this year, the procuratorial organs accepted and prosecuted 171,000 people for dangerous driving crimes, a sharp drop compared with the same period of last year.

From January to June this year, the procuratorial organs accepted and prosecuted 171,000 people for dangerous driving crimes, down 38.7% year-on-year, reaching the lowest level in the same period since 2021; The proportion of drunk driving crimes in criminal cases decreased from 31.9% in 2022 to 15.6%. Unifying judicial standards, the procuratorate decided to prosecute 143,000 people for dangerous driving crimes, a year-on-year decrease of 12.2%; For cases that are obviously minor and do not constitute a crime, the public security organs have supervised the withdrawal of nearly 20,000 cases.

The person in charge of the relevant departments of the Supreme People’s Procuratorate introduced that the new regulations on drunk driving punishment unified the national judicial standards for drunk driving law enforcement, and built a drunk driving governance system in which administrative punishment and criminal justice were connected and stepped forward. Procuratorial organs actively apply the "new regulations", strictly control the evidence, and insist on punishing those who meet the conditions for arrest and prosecution according to law. In view of the large number and wide range of drunk driving cases, some areas have innovated to promote the construction of a "one-stop" litigation governance center for quick settlement of criminal summary cases, and improved litigation efficiency. Nearly half of the dangerous driving cases handled by procuratorial organs were settled within 7 days, and the pattern of rapid handling of drunk driving cases is taking shape.

At the same time, non-prosecution does not mean non-punishment. Procuratorial organs, public security and judicial departments actively promote the construction of drunk driving prevention and control system, explore flexible punishment mode, and take voluntary participation in public service as a consideration factor for applying confession and punishment and relative non-prosecution treatment. Many places across the country have established a system of civilized traffic guidance social service and community public welfare service for those who are not prosecuted, promoting governance by case, and making efforts to solve the problem of grassroots social governance.

"new regulations on punishment for drunk driving": if the circumstances of drunk driving are minor, you can not sue or be convicted and exempted from punishment.

In China, drunk driving has been punished for more than ten years. On December 28th, 2023, Opinions on Handling Criminal Cases of Dangerous Driving under Drunk Conditions (hereinafter referred to as Opinions), also known as "New Regulations on Punishment for Drunk Driving", came into effect. The "Opinions" clarify that if the circumstances of drunk driving are minor, you can not prosecute or be convicted and exempted from punishment; If the circumstances are obviously minor and the harm is not great, it may not be treated as a crime. What kind of drunk driving circumstances can be considered as minor? Look at the specific rules.

Article 4 of the Opinions stipulates that if driving a motor vehicle on the road shows that the blood alcohol content reaches more than 80 mg/100ml after breath alcohol content test, the public security organ shall decide whether to file a case in accordance with the Criminal Procedure Law and the provisions of this Opinion. If the circumstances are obviously minor, the harm is not great, and it is not considered a crime, the case will not be filed.

Article 12 of the Opinions stipulates that if drunk driving has one of the following circumstances and does not have the circumstances stipulated in Article 10 of the Opinions, it can be considered that the circumstances are obviously minor and the harm is not great.

(a) the blood alcohol content is less than 150 mg /100 ml;

(2) Driving a motor vehicle for emergency situations such as first aid for the injured and wounded, and it does not constitute an emergency;

(three) in residential areas, parking lots and other places because of moving cars, parking and other short-distance driving;

(4) Driving a motor vehicle to a residential area, parking lot and other places for a short distance instead of driving it, or driving it from a residential area, parking lot and other places for the purpose of being driven by others;

(5) Other circumstances that are obviously minor.

If you have to drive a motor vehicle after being drunk for emergency situations such as giving first aid to the wounded and sick, which constitutes an emergency, it shall be dealt with in accordance with the provisions of Article 21 of the Criminal Law.

Article 5 of the Opinions also clearly stipulates the determination of "road" in drunk driving cases.

Whether the road sections within the jurisdiction of organs, enterprises and institutions, factories and mines, campuses, residential quarters and other units are identified as "roads" should be judged by whether they are "public" and whether they allow social motor vehicles to pass. Only motor vehicles within the unit and specific visiting motor vehicles are allowed to pass, which may not be recognized as "roads".

"new regulations on drunk driving punishment": fifteen drunk driving situations need to be dealt with severely

Drunk driving behavior is obviously minor and can not be treated as a crime. At the same time, however, the Opinions also stipulate that fifteen kinds of drunk driving situations need to be dealt with severely, and at the same time, ten kinds of drunk driving situations generally do not apply probation.

Article 10 of the "Opinions" stipulates that drunk driving does not constitute other crimes, but it needs to be dealt with severely, including those that cause traffic accidents and bear all or the main responsibility for the accidents; Causing escape after a traffic accident; Driving a car without obtaining a motor vehicle driver’s license; Seriously overcrowded, overloaded and speeding; Driving after taking psychotropic drugs or narcotic drugs controlled by the state; Driving a motor vehicle to engage in passenger transport activities and carrying passengers; Driving a motor vehicle to engage in school bus business and carrying teachers and students; Driving on the highway; Evade or obstruct the public security organs to check according to law; Having been found guilty of driving a motor vehicle after drinking alcohol or having been subjected to administrative punishment within two years; He has been convicted of dangerous driving behavior or made a relative non-prosecution within five years.

In the Opinions, if drunk driving also constitutes traffic accidents and other crimes, it is required to be convicted according to the crime with heavier punishment and be strictly investigated for criminal responsibility.

Punish it as a crime, the width is wide, and the strictness is strict. On the basis of stipulating that fifteen situations need to be dealt with severely, Article 14 of the Opinions also stipulates ten situations in which probation is generally not applicable, including causing minor injuries or minor injuries to others in traffic accidents, and bearing all or the main responsibility for the accident; Causing a traffic accident and taking full or main responsibility for the accident, without compensation for losses; Causing escape after a traffic accident; Driving a car without obtaining a motor vehicle driver’s license; Blood alcohol content exceeds 180mg/100ml; Taking violent measures to resist the inspection by public security organs according to law, or carrying out acts of obstruction of justice; Having been found guilty of driving a motor vehicle after drinking alcohol or having been subjected to administrative punishment within five years; He has been convicted of dangerous driving behavior or made a relative non-prosecution.