1. The tactile ability is reduced. Driving after drinking, due to the anesthetic effect of alcohol, people's hands and feet feel lower than usual, and often can't control the throttle, brake and steering wheel normally.
2. The ability to judge and operate is reduced. After drinking, the reaction time to light and sound is prolonged, and the time of instinctive reflex action is also prolonged accordingly. The coordination function between sensory organs and motor organs such as eyes, hands and feet is hindered, and it is impossible to correctly judge the distance and speed.
3. Visual impairment. Drinking alcohol will temporarily damage vision, make vision unstable and reduce color discrimination, so it is impossible to find and correctly understand traffic signals, signs and markings. At the same time, after drinking, the visual field is greatly reduced, the visual image is blurred, and the eyes are only fixed on the front target, so it is difficult to find the hidden dangers at the edge of the visual field and accidents are prone to occur.
4. Psychopathy. Under the influence of alcohol, people sometimes overestimate themselves, often ignore the suggestions of people around them, and often do things beyond their power.
5. fatigue. It is easy to feel sleepy after drinking, which is characterized by irregular driving and poor spatial vision.
Article 91 of the current Road Traffic Safety Law of the People's Republic of China stipulates that anyone who drives a motor vehicle after drinking alcohol shall be 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.
Scientific research has found that when a driver drives without drinking, he finds a dangerous situation ahead. The reaction time from visual perception to braking is 0.75 seconds. When he can still drive after drinking, the reaction time will be 2-3 times slower, and the braking distance at the same speed will be correspondingly extended, which greatly increases the possibility of accidents. According to the data, the possibility of an accident is 16 times that of driving without drinking. Therefore, drunk driving, especially drunk driving, is very harmful to road traffic safety.
However, according to the current laws and regulations, ordinary drunk driving does not cause serious injuries, deaths or heavy losses to public and private property (otherwise it constitutes a traffic accident crime), which is mainly economic punishment; Even if it is a serious drunk driving, the most serious is public security detention 15 days. And many countries in the world regard drunk driving as a crime, such as Britain. There are also some States in the United States that sentence drunk drivers.
Professor Ma Zhiguo of Xi Jiaotong University believes that with the gradual popularization of family cars, the contradiction between people and cars will become more and more prominent. The frequent occurrence of fatal accidents caused by drunk driving is enough to show its great social harm. So he thinks that we can discuss the crime of drunk driving. If the driver drinks alcohol to a certain extent (which can be determined by detecting the alcohol concentration in the blood), he should be investigated for criminal responsibility.
Drunk driving is suspected of "indirect intentional homicide"?
Drunk drivers (especially drunk drivers) are a great threat to pedestrians when they lose control, which shocked everyone who respects life. Article 133 of the Criminal Law stipulates that anyone who violates transportation management regulations and thus causes a major accident, resulting in serious injury, death or heavy loss of public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after an 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; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Some readers also believe that drunk driving is different from the "traffic accident crime" in the general sense, 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, Professor Ma Zhiguo said in an interview that this kind of "knowing" in criminal law has a specific meaning, and the consequences of "knowing" must be inevitable, not possible. ......
Why is drunk driving prohibited?
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.
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.
And alcohol can paralyze the hypothalamus of the human body. Although it promotes the metabolism of the brain, it does great harm to the brain, causing symptoms such as drowsiness and uncoordinated movements, which are related to the hypothalamus. Because the hypothalamus is the center to control some actions of people, it will prohibit drunk driving and reduce unnecessary injuries.
Why can't I drive after drinking?
After alcohol is absorbed by the human body, it acts on the central nervous system, making the whole central nervous system in a state of anesthesia and inhibition, making the central nervous system dull and extending to the spinal cord nerve. The traffic accident rate is directly proportional to alcohol: when the alcohol content in the human body is 0.3% to 0.9%, the probability of traffic accidents in driving vehicles is 8 times that of normal drivers; When the alcohol content is between 1.0%- 1.5%, the accident probability is as high as 30 times; When it exceeds 1.5%, it is as high as 128 times.
When the drinker contains 50 mg of alcohol per 100 ml of blood, the reaction ability will decrease; When it reaches 100 mg, the reaction ability decreases by about 35%; When it reaches 150 mg, it drops by 50%, and makes people lose their movements and lose control of their hands and feet.
Perhaps most drivers don't know so much about the physiological reaction after drinking, but they know that alcohol can anesthetize the nervous system and slow people down. Some drivers are paralyzed by drunk driving. They think, "I only drank a little beer, so it doesn't matter." "I am a good driver. I drive more smoothly after drinking. " Wait a minute. In fact, holding this mentality is far more harmful to people than alcohol, and it is this mentality that has caused a tragic car accident.
Why can't I drive a motor vehicle after drinking? The person in charge of the task department of the municipal traffic patrol detachment said that the driver found the dangerous situation ahead without drinking and driving, and the reaction time from visual perception to stepping on the brake pedal was generally 0.75 seconds. However, after drinking, alcohol will have an anesthetic inhibitory effect on people's central nervous system, leading to weakened attention and memory, narrowed recognition range, errors in stereoscopic perception, two to three times longer reaction time, boldness or carelessness when driving, resulting in tragedies that should not have happened.
Why can't I drive after drinking?
Alcohol will paralyze your nerves and cause traffic accidents.
After drinking, people's reaction is very slow.
Don't say that you can't drive after drinking, even if you drive to make a phone call, your reaction will be slow for a few seconds.
Is drinking harmful? Why not drink and drive?
(1) Visual impairment: Under normal circumstances, the peripheral vision of ordinary people can reach 180 degrees. If the alcohol content exceeds 0.08%, the driver's vision will decline. In this case, people are incapable of driving. As for drunk drivers, they can only feel a small part of their surroundings.
(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.
(3) Decreased tactile ability: When driving after drinking, people's hands and feet feel less tactile than usual due to alcohol anesthesia, and often can't control the throttle, brake and steering wheel normally.
(d) Reduced judgment and operational ability: After drinking, people's reaction time to light and sound is prolonged, and they cannot correctly judge distance and speed.
(5) Psychopathy. Under the influence of alcohol, people sometimes overestimate themselves, often ignore the suggestions of people around them, and often do things that they can't do.
(6) easy to fatigue. After drinking alcohol, 80% people are prone to liver storage, which is what people often say is sleepy and dozing off, which is characterized by irregular driving and poor spatial vision, which leads to traffic accidents.
24. Why should we implement the "prohibition of alcohol"? Why can't I drive after drinking?
Hazards of drunk driving:
1. The tactile ability is reduced. Driving after drinking, due to the anesthetic effect of alcohol, people's hands and feet feel lower than usual, and often can't control the throttle, brake and steering wheel normally.
2. The ability to judge and operate is reduced. After drinking, the reaction time to light and sound is prolonged, and the time of instinctive reflex action is also prolonged accordingly. The coordination function between sensory organs and motor organs such as eyes, hands and feet is hindered, and it is impossible to correctly judge the distance and speed.
3. Visual impairment. Drinking alcohol will temporarily damage vision, make vision unstable and reduce color discrimination, so it is impossible to find and correctly understand traffic signals, signs and markings. At the same time, after drinking, the visual field is greatly reduced, the visual image is blurred, and the eyes are only fixed on the front target, so it is difficult to find the hidden dangers at the edge of the visual field and accidents are prone to occur.
4. Psychopathy. Under the influence of alcohol, people sometimes overestimate themselves, often ignore the suggestions of people around them, and often do things beyond their power.
5. fatigue. It is easy to feel sleepy after drinking, which is characterized by irregular driving and poor spatial vision.
Article 91 of the current Road Traffic Safety Law of the People's Republic of China stipulates that anyone who drives a motor vehicle after drinking alcohol shall be 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.
What are the four main reasons for not driving after drinking?
Driving a vehicle after drinking is mainly reflected in the anesthetic inhibition or excitement of alcohol on the human central nervous system. When driving, the sense of touch decreases, and the perception of hands and feet is lower than usual, which is prone to problems such as vague feeling, misjudgment, inability to control the throttle, brake and steering wheel normally, and slow response. After drinking, you will also have abnormal psychology, such as boldness, adventure, boldness, luck, etc., which will endanger driving safety.
First, the influence of drinking on human function.
Because alcohol has an anesthetic effect on the human central nervous system, it affects the normal physiological function of the central nervous system after entering the human body, causing a series of abnormal performances, mainly in the following aspects:
1. Drinking alcohol will reduce people's visual function. About 80% of the driver's information is obtained through vision, and most of this information is obtained through visual senses. It is found that when the driver's blood alcohol concentration is 0. 10%, traffic signals and traffic signs cannot be correctly found and perceived.
2. Drinking alcohol will reduce judgment. When the alcohol in the blood increases to a certain concentration, the driver's ability to judge distance and speed will be greatly reduced. The results show that when the alcohol concentration in blood is lower than 0.05%, the situation of poor judgment varies from person to person. When the concentration reaches 0.094%, it is determined that it will be reduced by 25%.
Drinking makes people's memory decline, and it is not easy to leave a deep impression on external things. Even things that left an impression before are difficult to recall because of the influence of alcohol. When drunk driving, the driver's memory is impaired, which is generally manifested as forgetfulness after drinking.
4. Drinking alcohol will reduce the level of attention. According to experimental research, when alcohol enters the human body, attention tends to be biased towards one aspect and ignores the overall observation of the external situation, and the dominant position of attention is greatly reduced. In the process of driving, if you can't allocate and divert your attention timely and reasonably, it will inevitably affect the observation of the rapidly changing traffic environment, which may lead to the loss of very useful road information and increase the probability of traffic accidents.
After drinking, people's mood becomes unstable, and they often can't control their language and behavior. When driving a vehicle, it can be manifested as audacity, ignorance of danger, speeding, forced overtaking and other illegal acts, which are prone to traffic accidents.
6. After drinking, the tactile sensitivity decreases, that is, the tactile response ability is also easily affected by alcohol. For example, when braking, the strength of the foot pedal, the control state of the steering wheel, the vibration of the car and so on. Drivers need to rely on touch to get information. If the information perception is invalid, driving may get out of control and increase the danger.
7. Drinking has a great influence on driving ability. It was found that when the blood alcohol concentration was 0.03%, the driving ability began to be affected. If the alcohol concentration is increased to 0.08%, the driving error will increase by16%; If the alcohol concentration rises again, the steering wheel will be controlled incorrectly, and it will drive left and right, and the speed will be fast and slow, and it will advance and retreat abnormally; When the alcohol concentration continues to increase to 0. 10%, the driving ability decreases15%; When the alcohol concentration increased to 0. 15%, the driving ability decreased by 30%. It can be seen that the operation ability of drunk drivers is greatly affected and safe driving cannot be guaranteed. Especially at night, the possibility of vehicle accidents increases obviously.
2. Drunk driving will produce aggressive psychology.
1. Try to be brave. Friends get together, entertain themselves with wine, be competitive, and forget traffic safety if you don't have enough alcohol to be friends.
2. Adventure psychology. After drinking, the brain is highly excited, unable to control itself, and his behavior becomes childish. He wants to show his skill by driving under the influence of alcohol.
3. luck. Some drivers think that they have good skills and a certain drinking ability, and they will not have any problems when driving after drinking, or
I used to have drunk driving without being found out, and I often made drunk driving mistakes again under the drive of luck, until a traffic accident happened, which led to the tragic ending of car damage and injury (death). I regret it.
Why can't drunk drivers drive after drinking?
I. Provisions of the Road Traffic Safety Law
Drunk driving:
Drinking and driving a motor vehicle will result in a fine of 1000-2,000 yuan, with a score of 12, and the driver's license will be suspended for 6 months; Drinking and driving a motor vehicle will result in a fine of 5,000 yuan, with a score of 12, detention for less than 15 days, and no driver's license can be obtained again within 5 years.
Drunk driving:
Anyone who drives a motor vehicle while drunk shall have his driver's license revoked, and shall not re-obtain his driver's license within 5 years. After the verdict, he was sentenced to criminal detention and fined; Drunk driving operating a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 10 years, and the operating vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined.
Article 91. Those who drive 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.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not obtain a motor vehicle driver's license again within five years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.
Knowledge association
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 Motor Vehicles.
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
Three, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime of obstruction of official duties and other crimes, in accordance with the provisions of combined punishment for several crimes.
Four, the defendant drunk driving a motor vehicle to impose a fine, according to the defendant's drunkenness, whether it caused actual damage, confession and repentance attitude. , to determine the amount of fines appropriate to the main punishment.
Five, the public security organs in the investigation of criminal suspects drunk driving a motor vehicle, the seizure process, breath alcohol content detection and blood collection process should be recorded; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected.
Six, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness.
criminal suspect ......
Why can't you drink and drive from the perspective of reverence for life?
Drunk driving is a serious accident hidden danger, threatening people's life safety and putting an end to drunk driving.
Why can't drunk driving be carried out on the spot?
I express my condolences. There are strict procedures for executing the death penalty, which is not as simple as you said. Drunk driving and drunk driving have long been regarded as traffic accidents, but the nature of traffic accidents is negligence. Although the actor knows that his behavior may cause casualties to others, he subjectively does not want that kind of accident, but is overconfident or negligent, which is indeed a negligent crime in essence. Considering the harm of drunk driving and drunk driving, the state has listed drunk driving as a dangerous driving crime in order to crack down on drunk driving. Simply fighting violence with violence cannot really solve the problem. We need to improve citizens' quality and legal awareness, which requires everyone's joint efforts. I sympathize with and understand your situation, but I feel sorry for your loss. Now that things have gone wrong, we need to solve them calmly. what do you think?