According to the accident investigation of the World Health Organization in 2008, about 50%-60% of traffic accidents are related to drunk driving, and drunk driving [1] has been listed as the main cause of traffic accident death. There are tens of thousands of traffic accidents caused by drunk driving in China every year. More than 50% deaths are related to drunk driving, which has become the biggest "killer" of traffic accidents.

Another survey shows that 40% of drunk drivers "trust their driving skills too much". This kind of drivers think that they are heavy drinkers and have excellent driving skills. They always want to "show off" their skills by drinking and driving, which leads to dangerous situations. 27% of drunk drivers are "weak in safety awareness"

In addition, drivers who drink and drive often have a "lucky mentality", thinking that they have never had an accident or been arrested before, and often see others drink and drive, so they are lucky and drink and drive, which leads to tragedy. With the above ideas, drivers often take drunk driving seriously, which makes drunk driving repeatedly banned.

[Edit this paragraph] Quantitative factors

When drinking, people are excited and will unconsciously drink too much. When alcohol reaches a certain concentration in human blood, people's ability to respond and control the outside world will decline, and their ability to deal with emergencies will also decline. For drunk drivers, the higher the alcohol content in the blood, the greater the chance of collision.

When the driver's blood alcohol content reaches 80mg/ 100mL, the probability of traffic accidents is 2.5 times higher than that when the blood does not contain alcohol. When it reaches 100mg/ 100mL, the probability of traffic accidents is 4.7 times that of blood without alcohol. Even in the state of a small amount of drinking, the risk of traffic accidents can reach about 2 times that of not drinking.

[Edit this paragraph] standard

According to the provisions of Threshold and Test of Alcohol Content in Blood and Exhaled Gas of Motor Vehicle Drivers (GB 19522—2004) issued by the State Administration of Quality Supervision, Inspection and Quarantine, it is pointed out that drinking driving refers to the driving behavior that the alcohol content in blood of motor 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.

[Edit this paragraph] Punishment

China

Article 133 of the Criminal Law of People's Republic of China (PRC) stipulates: whoever violates traffic rules and thus causes a major accident, causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. ...

Article 91 of the Law of the People's Republic of China on Road Traffic Safety stipulates that anyone who 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 more than 200 yuan and less than 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 2000 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. "

international

Japan: Drunk drivers are sentenced to fixed-term imprisonment of less than 2 years or a fine of less than 65,438+10,000 yen. Drivers who smell alcohol will be punished with imprisonment for up to three months or a fine of 50,000 yen. People who drink and drive more than twice will be sentenced to six months' imprisonment.

In some states of the United States, even if there is no traffic accident involving personal injury, once the driver's alcohol content is found to be higher than the legal standard by the police, he will be detained and then sentenced by a criminal judge. The prison term ranges from 1 week to 1 year. Drivers whose alcohol concentration exceeds 6mg/ 100ml will be unconditionally revoked.

Sweden: the limit of blood alcohol content is 2mg/ 100ml. Drivers who exceed the alcohol concentration will be imprisoned for two years, and those who are light will be detained for one year.

Singapore: drunk driving, the first offender will be fined S $65,438+0,000 to S $5,000 or imprisoned for less than 6 months; Repeated offenders are sentenced to mandatory imprisonment 1 year and fined S $3,000 to S $ 1 10,000; Recidivism is fined S $30,000, and the longest imprisonment is 10 year.

[Edit this paragraph] Proposed legislation

On July 18, 2009, two lawyers, Li Gang and Luo Yi, from Chengdu, Sichuan, wrote to the National People's Congress Standing Committee (NPCSC), suggesting that the criminal law be amended to increase the crimes of drinking and driving a motor vehicle while drunk.

Speaking of the original intention of the letter, both lawyers said that drunk driving accidents are different from ordinary major traffic accidents, and the perpetrator is not subjectively negligent, but deliberately laissez-faire. In the cases they represent, traffic accidents caused by drinking are often involved. It is common to see many innocent lives passed away and many happy families broken. I deeply feel that drunk driving is extremely harmful to society.

The two lawyers also suggested that while referring to foreign standards, combined with the actual situation of heavy drinking in China, the identification standards for drinking and drunk driving motor vehicles in China should be strictly revised. They also repeatedly stressed that the starting point of legislative proposals is to achieve respect for human rights and care for life, so that more people's right to life, health and happy families can be better protected.

[Edit this paragraph] Special action

background

From June 5438+0 to July 2009, there were 1 169 people killed in road traffic accidents caused by drunk driving in China, among which vicious cases of drunk driving occurred frequently, which caused a bad social impact. A series of tragedies caused by alcohol make the voice of punishing drunk driving endless.

65438+ 10/2 1 day, Wang Weibin, a driver of Henan Lingbao, drunk driving a BMW, hit many people, causing 6 deaths and 6 injuries.

On June 30th, Zhang Mingbao, a driver in Nanjing, was drunk and hit 9 people and 6 cars, resulting in 5 deaths and 4 injuries, including a pregnant woman.

16 July, Zhengzhou driver paid a drunk driver without a license and hit 1 1 person, resulting in 3 deaths and 8 injuries;

On August 4th, Mou Wei, a driver of Hangzhou, drunk and drove a Porsche for speeding, killing Ma Fangfang, a girl aged 17.

On August 5th, the day after Ma Fangfang's misfortune, Zhang Xijun, a driver from Jixi, Heilongjiang, drunk and hit 26 people in the night market, killing two people.

Deployment operation

The Ministry of Public Security of China was deployed on August, 2009 14. From August 15, 2009, in order to prevent serious traffic accidents and create a good road traffic environment for the 60th anniversary of the founding of New China, a two-month nationwide special campaign to severely punish traffic violations caused by drunk driving was launched.

Liu Jinguo, vice minister of the Ministry of Public Security, said that no matter who is involved and why, drunk driving should be treated equally. hell to pay must never talk nonsense and never make it happen again, making drunk driving a high-voltage line that cannot be touched or touched. If the public security police do not punish the illegal acts of drunk driving, punish them lightly or intercede for the illegal acts of drunk driving, they should seriously investigate the relevant responsibilities. Liu Jinguo also said that the Ministry of Public Security will initiate the revision of departmental regulations and national standards, improve the scores of drunk driving violations, and strictly grasp the standards for drunk driving identification; Cooperate with relevant departments to carry out legislative research, and increase administrative and criminal penalties for drunk driving violations from the legal level.

It is understood that in view of the characteristics that drunk driving is often accompanied by speeding, during the centralized rectification period, public security traffic management departments at all levels will also step up enforcement of serious speeding violations, especially those who organize and participate in drag racing, and will be severely investigated and punished according to law.

"four unifications"

Driving a motor vehicle after drinking, temporarily detained for 3 months; Drunk driving a motor vehicle, detained on 15, with driver's license suspended for 6 months; If you drink and drive twice within one year, your driver's license shall be revoked and you shall not re-obtain your driver's license within two years. Those who are operating drivers shall not drive operating vehicles within 5 years; Laws and regulations stipulate fines, all of which should be severely punished.

[Edit this paragraph] Expert statement

Nie Lize, a professor of criminal law at Sun Yat-sen University, believes that criminal law is the last line of defense for social management, and should not be changed as much as possible unless absolutely necessary. He suggested that even if the crime of drunk driving is considered, a national survey should be conducted before the criminal law is revised to see what the proportion of serious consequences caused by drunk driving is. Because only when the proportion is too large to be tolerated by society and administrative regulations can't handle it, we need to consider amending the criminal law.

Lawyer Zhang Jinpeng, director of the Traffic Management Committee of the Beijing Lawyers Association, said that compared with foreign countries, China's criminal law has a lighter punishment for the crime of causing traffic accidents, and now there are no corresponding provisions for other dangerous driving behaviors in the criminal law, which has caused some drivers' laissez-faire attitude of drunk driving. He believes that it is an administrative punishment, and is in favor of intensifying the crackdown. At the same time, adding provisions in the criminal law and introducing some dangerous methods into the criminal law is more conducive to maintaining the safety of transportation management.

[Edit this paragraph] Voice of society

After all, drunk driving is just a personal illegal act. Penalties should be imposed according to relevant regulations, and must be linked to personal work assessment and credit rating, or even "one-vote veto" the selection of civilized units and civilized cities. Is it impossible to control drunk driving from the level of simple traffic violations?

In fact, the reason why drunk driving still exists in large numbers is that from the perspective of punishment, the punishment for drunk driving and other traffic violations is still very irregular and flexible at the operational level. Some people can easily eliminate illegal records without punishment by virtue of their relationships, which objectively causes more people to get lucky.

Therefore, to crack down on drunk driving, we must first improve laws and regulations and strengthen enforcement to maintain the seriousness of the law, rather than a temporary so-called special rectification action. Punishment is only one aspect. To reduce drunk driving, we should pay more attention to education and prevention. Of course, the situation in each city is different, and this method may not be universal. From this perspective, it is not impossible to carry out more humanized innovations in drunk driving governance, but the key lies in whether urban managers are willing to innovate.

[Edit this paragraph] What are the hazards?

After drinking, people have two very important influences on driving a car:

(1) Poor visual ability: Under normal conditions, the average person's peripheral vision can reach 180 degrees, and the visual angle will decrease after drinking. The more you drink, the less you can see the scenery next to you.

(2) Slow motor reflex nerve: slow for one or two seconds. If the speed is 60km/h, then the car has already run 16.67 meters in one second, which will inevitably have serious consequences.

[Edit this paragraph] How to judge

Walking rotation test method "How long will it take to drive safely after drinking?" Qu Dan of Changchun Traffic Police Detachment provided a method to test whether he was sober: the driver walked nine steps in a straight line, counted several steps loudly while walking, and then turned around and went back. If he can always keep his balance and make no mistakes, he can prove that he is awake.

[Edit this paragraph] How to avoid

1. Install the on-board anti-drunk driving system: installing the anti-drunk driving system in the car can automatically identify the peak drinking time and prevent drivers from detecting cheating. If it exceeds the national standard, the car can't start.

2. National laws provide support: the state provides legal provisions for the management of restrictions related to drunk driving, and the traffic management department should learn from foreign methods and implement a drunk driving prevention system for people with drunk driving records.

3. Providing "drunk driving" service: catering and entertainment places provide "drunk driving" service for guests, or the government opens a "drunk driving" service line.

4. Free of overnight parking fees after drinking: Restaurants and entertainment places are free of overnight parking fees for drunk vehicles, and support guests to voluntarily give up driving after drinking.

5. Printing warnings on wine labels and wine lists: Printing propaganda words and cartoons of "Don't drive after drinking" on wine bottles and wine list trademarks in restaurants and entertainment places.

6. Fulfill the social service order: In addition to the punishment prescribed by the state, drunk drivers should also volunteer in the hospital.

7. Avoid fluky psychology: Eliminate people's misunderstanding that "drinking less will not affect driving", analyze the influence and harm of alcohol on drivers, and warn people to give up fluky psychology.

8. Equipped with "Chede" brand: each car is equipped with a "Chede" brand, and every time drunk driving is detected, a mark is made on the "Chede" brand to realize common social supervision.

9. Recording family reminders: Record the children's children's voice "Dad, don't drive, my mother and I will wait for you at home" as a regular reminder recording of mobile phones, starting from 7: 00 pm, reminding every hour 1 time.

10. Call a taxi for drunkards: Call a taxi for drunkards (whether friends or strangers).

1 1. Give play to the role of the riders' association: the riders' club sends an initiative to all riders to avoid drunk driving, and riders supervise each other.