Yunnan: It is drunk to decide and drive the punishment entering case for the first time 3 months the detention for coach

Yunnan: It is drunk to decide and drive the punishment entering case for the first time 3 months the detention for coach
Manage wine drive various countries sell very much in weight Mainstream of the world " Drunk to drive punishing " It is far more severe than China. Japan is the most severe, if the alcohol density exceeds 0.05%, has not caused the traffic accident in driver's blood, forced labour sentence to two years' imprisonment, and related to investigate people to provide for driver wine, if injuries and deaths of causing the accident, will treat as the somewhat murder. In U.S.A., drunk driving collide people fix second offense of murder for already, and place huge to fine. In France, can revoke driving license is drunk to drive, knock into people, regard as into inclined murder too while being drunk to drive a little. May 1, drunk to enter punishment by car, some driving school coach yellow and clear and red because drunk to drive, find on the spot the traffic police. Only 5 days later, this case holds a hearing in Western Hills court. Yesterday, the court pronounced in court: Offend against dangerously and drive the crime yellow and clear and red, sentence the detention for 3 months, combine and is fined 2000 yuan. Yellow clear red clothes sentence, appeal again. This is drunk driven into the first case which our province tries after punishment. "Close to home there, entertain the idea of leaving things to chance, feel out of question. " He repents. But the law is merciless, he can not go back to nearer family temporarily. The incident has been drunk half a bottle of Chinese liquor, go home and " meet accident " by car It is some coaches of driving school in Kunming that 41 -year-old Huang Qing is red this year, 50 past 21 on May 1, he and two students have a meal after finishing practising the car, Jetta learner-driven vehicle parks at the gate of restaurant. Xi Zhong, wants grain brand Chinese liquor of a bottle of cogongrasses, a student and he each drink half (about 0.25 kilograms) . After meal full wine finish, he go home by car, " because of house in a nearby one and Residential Area " . The highway section in front of the green scene way of the market of Kunming and door of Residential Area of clear lane, while turning left and to colliding to a China brand car driving. Knock the right backside of the Chinese car front side the left of the learner-driven vehicle. A couple in the Chinese car find him " on the angry smoked day of wine, speak incoherently " ,Call the police. After the police of the group of city traffic police seven of Kunming rush towards the scene, think it is a general traffic accident. Take two drivers and do alcohol to measure, find the alcohol content in yellow clear red every 100 ml of blood is 255 milligrams subsequently, it is a motor vehicle of drunk driving. On May 2, Huang QingHong is detained for criminal act, the case is transferred to the west procuratorate of mountain area in 3 days. It is reported, he obtained the driving license as far back as 1992, obtained coach's qualification card in 2005. And after being discovered and seized by the traffic police, he has had the driving license revoked, can't apply any more 5 years later, coach's qualification is cancelled too. The court's trial commits dangerously and drives the crime, place detention is 3 months It was 30 past 9 yesterday, Western Hills court tried this case, the traffic police who had detachment of over 100 traffic polices of Kunming live audited. On the law court, the prosecution accuses that has already offended against the danger and driven the crime yellow and clear and red. Have no objection to accusation of the procuratorial organ yellow and clear and red, just say, having 70 -year-old old mother and 10 -year-old daughter oneself needs raising, hope the court punishes on the lenient side. The prosecution thinks, it is taken as a coach, know perfectly well that breaks the law and still does it by car after drinking that yellow, the subjective fault is obvious, because dangerous is 1 to 6 months that driven guilty prison term, propose sentencing detention of 1 to 5 months to it, and punish gold. Yellow clear red counsel think it is though coach to be yellow and clear and red, prison term more or less should relate to identity, propose sentencing the detention under 2 months, and reprieve for half a year in the place and fined 1000 yuan at the same time. Subsequently, Western Hills court adjudiacates in the first instance in court: Yellow clear and red behavior drunk drives, it is taken as coach of driving school, the safety of human life and property to the not particular majority has been threatened, have already offended against the criminal law, jeopardized the public security. Consider it as first offender, the attitude toward admission of guilt is better, show repentance to behave, determine to punish on the lenient side. The judgement is as follows: With dangerous to drive crime, sentence the intersection of detention and 3 months their, and is fined 2000 yuan. Yellow clear and red counsel says, this judgement is very just, they no longer appeal. A prosecution tells reporters, because this is the case of sentencing the detention, needn't arrest, can only detain for 7 days, so public security men transfer to sueing them the case to examine, and just the evidence is simple for the case, setting up horses can prosecute. "The new criminal law amendment just began to implement, it is for strengthening the propaganda strength to the new law too to deal with quickly, to the education of paying warning of drunk behavior that drives. " He says. Is it drunk to dispel suspicion and has not mobilized the car yet and is caught to drive? Open in the own courtyard after drinking? Does the person urging the guests to drink desperately calculates " The abettor " ? " drunk one enters punishment " After beginning to implement, having caused the strong response, readers, net friends propose various queries. The reporter, through investigating in many ways, assert the standard, procedure of enforcing the law,etc. also take further thinningly. How to tackle various situations? Issue the doubt of the implementing regulation: Many readers feedback the opinion to this newspaper: Drink wine sit at bus, mobilize car, regard as wine, drive or not drunk to drive yet? Open in the own courtyard after drinking? Answer: Yunnan reaches the clouds Geng GuoPing, lawyer of lawyer's office, says, as to these special circumstances, there is not a relevant legal provision at present. He thought, just got on the bus and did not start after drinking the wine, it is driven that can't be drunk or the wine was driven, because the car had not mobilized yet, can not cause the danger. And no matter open in the own courtyard after being drunk, or in the Residential Area, the personal security to others is threatened, should be regarded as the wine and driven or drunk and driven. Relevant department should to various situation that might appear, to dangerous to drive crime, issue implementing regulation. In addition all parts enforce the law standard unify, connect and relatively rupture to drunk some of result initiated to drive too at present. Such as on legal liability, if the general staff have committed crime, the unit can cancel the labour contract, but lawyers can revoke licence, like " the first " China is yellow clear and red, coach's card is revoked by the relevant department too, all these need further combining. How to raise and try efficiency? " three is examined and unified " Doubt: Net friend proposes, " with the crime against public security of the dangerous method " Introduce into to try traffic accident case many times already, it and dangerous to drive what differences crime have? Answer: " the danger drives the crime " ,Known as " Punishment efforts is the lightest in criminal law" Fresh crime,last traffic accident it,there are slight on or accident. Have expert propose, because " dangerous to drive the crime " The party should accept administrative penalty besides entering punishment. So can draw lessons from " Three is examined and unified " Method,it is special without being set up collegiate bench,last summary procedure, it is last efficiency not to raise. How to ensure justly to collect evidence? The procedure doubt of improving and enforcing the law: "That detector is accurate in traffic police's hands, blow the destiny determining people? " Net friend " dust NANA of wolf's family very much " Asked. Net friend " long day of autumn water " Say: "' drunk to drive and enter punishment ', become a soft law? " And one Lawyer's a little rich users say: "While worrying, pitch into the work carelessly, our relevant procedure guarantee has not kept up with yet. What guarantee is the justice? " Answer: By the look of present law enforcement situation, the question of the procedure that the police in Kunming have relatively paid attention to enforcing the law. A traffic police's introduction, in order to guarantee that it is just and transparent to enforce the law, check the wine is driven often there is a media that supervises, some places are assembled to enforce the law to make a video recording the apparatus small-scaly. But still lack the nationwide unified law enforcement rules at present, a lot of details are still indeterminate, may produce the loophole of enforcing the law. One the intersection of law and scholar tell reporter is " drunk to drive into punishment " Stipulate, might bring to enforce the law great intervention to illegal severe of actor, meanwhile, because " drunk one " It was the security of the not particular people that was endangered, do not usually have a concrete victim, so it is relatively weak for outside to supervise, how enforce the law link tightly without for the opportunity of the strength, do not indulge lawbreakers, enforce the law the procedure remains to be complete. "Many people are still ideas of leaving things to chance now, the traffic police should keep the long-term effective law enforcement state, just transparent link of collecting evidence, and France examine system connect, well, could make drunk to drive, enter punishment to be effective. " Lawyer Geng GuoPing says, will guarantee abundant rights of being in know of ordinary people. In what situations is the necessary blood examined? Drunk must make blood and examine doubt to drive: Are there net friends that ask, must carry on blood testing in what situations? Answer: A police officer whose surname is Li of detachment of traffic police of Kunming tells reporters, generally speaking, detect the wine to drive with the alcohol detector, if the party puts forward the objection, can go to examine the blood, if that detected was drunk driven, must make blood to examine, because this concerns question of the crime. Should punish the persons who urge the guests to drink by force? Unless instigate and drive after drinking Doubt: Net friend " Lin Shao " Say: "The trouble of urging the guests to drink and getting into, should punish the persons who urge the guests to drink by force. " Another net friend says, urging the guests to drink should be committed the crime of managing as instigating. Answer: Geng GuoPing says, persons who urge the guests to drink just advise it to drink, and not advised it to drive after drinking, so can't say the persons who urge the guests to drink are an abettor. However, if it is drunk to instigate others and drive after drinking, should punish together, for example the superior lets the full-time driver treat with courtesy and drink much wine, then also let it go home by car. Analyze, change wine culture at all yellow and clear and red from start to finish, say, know drunk to drive into punishment just, and does not emphasize it is driven that oneself should not be drunk. He is the idea of leaving things to chance on earth, or is used to making rightly? How much drunk to drive and enter punishment and let our life and wine culture revealed change? An expert says: "It is dispelled with a short time that the negative effect of wine culture is difficult, guide for a long time only through the public opinion, forming the whole society will criticize the drunk morals. " One traffic police say frankly only by " drunk to drive into punishment " too With checking severely that it is very difficult to stop the wine driving, drunk and driving. Because the driver will not proceed from security, but ponder how can check at night to avoid the traffic police. Dialogue Huang QingHong: " must not drive after hoping for every driver's wine " On the law court, prosecution and Chief Judge, to asking yellow and clear and red. Yellow clear red crew cut, on the law court always with one's head low, the ones that were said most " had no opinion " Several words. Q: After the May Day, drunk to drive, take, enter punishment, you do getting clear? A: Non- clear. Q: Then do you know coaches can't drink? A: I see. Q: Why drive after drinking? A: Entertained the idea of leaving things to chance at that time, close to home there, several hectometres, felt OK. Q: Do you know how the accident happen? A: The other side, to to drive, come on, I bump against the intersection of he and tailstock. He lets to sustain economic losses, but there is too much one that take, I have not agreed. He calls the police. Q: Do you have opinions on the prosecution's accusation? A: There is no opinion. I plead guilty candidly, too late to repent. Q: Do you have anything else to say finally? A: I hope every driver learns a lesson, don't be lazy, study more laws. Must not drive after drinking, don't be like me. Discover and seize the first in Chuxiong " It is driven into punishment that drunk " Reporter Wu go straight bright May 4, Chuxiong city discovers and seizes to the first drunk persons who drive. At that night, the unity action that the municipal public security bureau of Chuxiong checks criminal offence of drunk driving severely, a plurality of highway sections are layouted in the urban area, carry on the new policies and check at night the first time. About 20 o'clock, one have one's body covered with the intersection of wine and angry young man ride, cross Chuxiong market Lucheng West Road highway section by first 2 motorcycles, the police leave their bars and check and find alcohol content is 123mg/100ml to exhale in it, has already reached the drunk driving standard, in order to further confirm, the police send him to the hospital to draw blood to examine the alcohol content. At present, in the case is being further investigated and handled.

|