Regarding drunk driving, the punishment prescribed by Chinese laws is relatively light. In the United States, drunk driving is a criminal offence. In all states, as long as the police suspect the driver of drunk driving, they can arrest him on the spot. The typical process of being arrested for drunk driving is this: the patrolman found a car driving abnormally and stopped it. The policeman approached the driver from behind the car with a gun in one hand and asked, "Please show me your driver's license, driving license and insurance". If he suspects that the driver is drunk, he will ask, "Did you drink today?" Then he will ask the driver to get off and search, and conduct a sobriety test on the spot. For example, drivers are required to recite the alphabet; Put a pen in front of your eyes and let your eyes move with it; Stand on one foot; Walking in a straight line, etc. If the police think that the driver has signs of drunkenness, they will also test it with an alcohol tester or bring it back to the police station for testing. According to the laws of most States, an adult is drunk when the alcohol concentration exceeds 0.08% (the alcohol content exceeds 80 mg per 100 ml of blood). Some states are even as strict as 10 mg. If the drinker is under 2 1, regardless of the alcohol content, he will be arrested. After the drunk driver is arrested, he will be detained at the police station until he wakes up. Then the police will decide to prosecute him according to whether he is a first-time offender, whether he has caused heavy casualties or not, and whether he has escaped by car. If it is a first offense, it will be prosecuted as a misdemeanor. After receiving the ticket, he needs to appear in court as scheduled. Usually, the punishment for first offense, no casualties and no escape behavior is to revoke the driver's license for 6 months, and the court will give a disciplinary period of 3-5 years and a fine of 1500- 1800 US dollars. Some states require drunk drivers to go to jail for at least one week. Some states will confiscate drunk drivers' cars. Violate again within five years, revoke the license for two years, double the fine and fixed-term imprisonment. If you violate it for the second time, you will basically go to jail for up to five years. In Ohio, drivers with drunk driving records will hang special license plates on their cars, indicating that their driving can only be used for special purposes such as commuting. States in the United States have different laws on drunk driving, and different judges in different parts of California will have different punishments. For example, in areas with high crime rates, judges tend to increase the punishment. But no matter where, if drunk driving causes death or escape, the consequences are very serious. The prosecutor can accuse him of "manslaughter by driving". A student in Irvine, California, USA killed an old man by drunk driving and was sentenced to 10 and 8 months' imprisonment. If he has multiple felony drunk driving records, the prosecutor can charge him with "second-degree murder", and the maximum penalty is life imprisonment. Of course, it is very difficult to convict second-degree murder, and the prosecutor must prove that the driver has criminal malice. California has introduced strict traffic laws to protect the lives and property of residents. According to statistics, in 2006, the total number of traffic accident deaths caused by drinking was 1, 794 1 person, accounting for 40% of traffic accident deaths. Therefore, every car driver should take drunk driving very seriously.
In Spain, the treatment of drunk drivers in Spanish traffic regulations has gradually increased in recent years. In 2007, the Spanish Parliament amended the road safety regulations to include drunk driving in the scope of criminal punishment. According to the current Spanish regulations, if the driver's breath alcohol concentration exceeds 0.25 mg per ml, it is drunk driving; For professional drivers and novices who have been driving for less than one year, this requirement is more stringent, and the alcohol content in exhaled air should not exceed 0. 15 mg per milliliter. When traffic law enforcement officers check, if the alcohol content in the driver's breath is higher than 0.6 mg/ml, regardless of whether there is a traffic accident, the driver will face criminal punishment, be sentenced to 3 to 6 months' imprisonment or a high fine plus 3 1 to 90 days of community work, and his driver's license will be revoked 1 to 4 years.
According to the laws of Singapore, the first offender of drunk driving will be fined S $ 1 1,000-5,000 (US$ 1 S $0.44) or imprisoned for up to six months. The recidivist shall be fined S $ 30- 10000, and shall also be sentenced to fixed-term imprisonment of up to 12 months; Repeated offenders can be sentenced to a maximum fine of S $30,000 and three years' imprisonment. A person convicted of drunk driving will have his driver's license revoked for at least one year, even if he has not caused a car accident.
In France, French law imposes heavy penalties on drunk driving. If the driver's blood alcohol content is more than 0.5 mg and less than 0.8 mg per ml, he will be fined 135 to 750 euros depending on the circumstances, and his driver's license will be deducted by 6 points. If the blood alcohol content exceeds 0.8 mg per milliliter, it will be regarded as drunk driving, and the driver may face two years' imprisonment and a fine of 4,500 euros. The court will revoke the driver's license for a period of time depending on the circumstances. These are also light punishments for first-time offenders. If you are a recidivist, the punishment will be doubled, which means you may be imprisoned for 4 years and fined 9000 euros. If drunk driving causes an accident, the punishment will be heavier. If others are seriously injured, the fine will rise to 30,000 euros, and the sentence will rise to 3 years to 10 years. If drunk driving causes death to others, the maximum penalty will be 10 years imprisonment, and the fine may rise to150,000 euros, which does not include civil compensation related to the case.
In China, Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that whoever drives a motor vehicle after drinking alcohol shall be temporarily detained for more than one month and less than three months, and shall be fined between 200 yuan and 500 yuan; Anyone who drives a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, and shall be detained for less than fifteen days and temporarily detained for more than three months and less than six months, and shall be fined not less than five hundred yuan but not more than two thousand yuan. Driving and operating a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for three months and imposing a fine on 500 yuan; Anyone who drives or operates a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for six months, and fined less than 2,000 yuan. Anyone who drives a motor vehicle under the influence of drunkenness as stipulated in the preceding two paragraphs and is punished more than twice in one year shall have his motor vehicle driving license revoked and shall not drive or operate a motor vehicle for five years. Limited to administrative punishment, there is no criminal responsibility. Compared with foreign countries, it is a relatively loose punishment measure.
As for traffic accidents after drinking, especially traffic accidents in the state of drunkenness (commonly known as alcoholism), which causes social harm, some people think that drunk driving is different from the general sense of "traffic accident crime" but is suspected of "indirect intentional homicide". Because, although the driver "killed someone" is not out of direct intention, he knows that his actions will cause harm and may even deprive others of their lives, but he allows his actions to lead to the death of others, so he is suspected of indirect intentional homicide. Similar behaviors include driving without a license, going on the road with illness and so on. On this issue, some scholars believe that this "knowing" in criminal law has a specific meaning, and the consequences of "knowing" must be inevitable, not possible, and there is no inevitable causal relationship between drunk driving and murder. The premise of traffic accident crime is negligence, not intention, including direct intention and indirect intention. The so-called direct intention refers to the psychological attitude of knowing that one's actions will produce harmful results to society and hoping that such results will happen. And indirect intention refers to the psychological attitude of deliberately letting one's actions go unchecked knowing that they may have harmful consequences to society. If it is based on indirect intentional psychology, the actor is often indifferent and ambiguous about the occurrence of the result. Objectively, the actor did not actively use the relevant conditions to effectively avoid the occurrence of harmful results. However, if it is due to negligence, the actor holds an opposing and negative attitude towards the occurrence of harmful results. Generally speaking, people who drink and drive, no matter how powerless objectively, are definitely opposed to the result of hitting people subjectively. Therefore, drunk driving hitting people is not indirect intention, but negligence, and can only be punished according to the crime of traffic accident.
From the relevant medical knowledge, it is not difficult to draw a conclusion that drunk drivers are unaware of the harmful results and subjectively have no intention of endangering public safety. This paper studies drinking from a medical point of view in order to have a more scientific understanding of the human body changes caused by excessive drinking. Medical experiments show that after excessive drinking, in the first stage, alcohol dissolves into the blood, causing the excitement of nerve function, and the brain and cerebellum are obviously in a state of tension due to the stimulation of alcohol; In action, conscious thinking is clear and quick action can be controlled. In the second stage, due to the excessive excitement of the brain, the cerebellum first turns into a state of inhibition. However, because the brain is still in a state of excitement, it is characterized by clear thinking, decreased memory, and a feeling of wandering hands and feet, and the movements are not completely controlled by the brain. In the third stage, both the brain and cerebellum are in a state of inhibition, showing sleep or coma, and severe cases may die.