Is it irrelevant for friends to drive after the party?
2022-10-11
Although the concept of "driving without drinking, drinking without driving" has been deeply rooted in people's minds, many people do not know that conniving and inducing others to drink and drive may also constitute a crime. A few days ago, the People's Court of Fancheng District, Xiangyang City, Hubei Province, heard such two cases. On the evening of January 20, 2021, Mao met a truck in his car. The two cars refused to give way because of the narrow road, and then the two sides had an argument. During the quarrel, Mao smelled that Zhao, the driver of the other side, was heavily alcoholic, so he called the police. According to the test, the alcohol content in Zhao's blood reached more than 200mg/100ml, which was a drunk driving, and Zhao did not obtain driving qualification. It was verified by the judicial authority that Zhao and Cai, who was in the same car, had a lunch with their colleagues at noon that day, during which Zhao drank about 4 liang, while Cai did not drink. At about 8:00 that night, Zhao took Cai's van home. Because of the narrow road, Cai was a novice who dared not drive. So he still gave the truck to Zhao to drive when he knew Zhao was drinking. Subjectively, he intended to connive at dangerous driving with his fellow travelers, and the above dispute occurred. After hearing, the Fancheng District Court held that Zhao violated the road transport management regulations, insisted on driving a motor vehicle on the road after failing to obtain driving qualification and being seriously drunk, and his behavior constituted a crime of dangerous driving; Although Cai did not drive the vehicle directly, as the owner and driver of the vehicle, he still gave the vehicle to Zhao to drive after knowing that Zhao was drinking. Subjectively, he had the intention of conniving at dangerous driving. According to the criminal law, his behavior constituted a accomplice in the crime of dangerous driving. Considering their criminal circumstances and repentance, the court ruled that Zhao committed the crime of dangerous driving, sentenced him to three months of detention and fined him 6000 yuan; Cai, who committed the crime of dangerous driving, was sentenced to two months' detention, three months' probation and a fine of 8000 yuan. Coincidentally, in the early morning of June 1, 2022, Liu and Qin were ready to go home after drinking in a bar. Liu, the owner of the car, felt overwhelmed. Qin proposed to drive Liu home, and Liu agreed. When driving to an intersection in the Later Qin Dynasty, a certain driver collided with a car, injuring Jiang, the passenger of the car, and damaging both cars. After identification, the ethanol content in the blood of Qin was 169.58mg/100ml, and that of Liu was 50.45mg/100ml. According to the investigation of relevant authorities, Liu was once punished by the public security organ for driving a motor vehicle while drunk; After the accident, Mr. Qin compensated the victim for medical expenses and vehicle losses totaling 10700 yuan, and obtained the understanding of the victim and his family. After the trial, the Fancheng District Court held that Qin violated the road transport management regulations and insisted on driving a motor vehicle after being drunk, which constituted a dangerous driving crime; Although Liu did not drive the vehicle directly, as the owner of the vehicle, he still handed over the vehicle to Qin after he knew that Qin was drinking. According to the law, his behavior constituted an accomplice in the crime of dangerous driving. After comprehensively considering the circumstances of their crimes and their repentance, the court ruled that: Mr. Qin committed the crime of dangerous driving and was sentenced to two months of detention, three months of probation and a fine of 8000 yuan; Liu, who committed the crime of dangerous driving, was sentenced to one month's detention and a fine of RMB
Edit:Yi Bing Responsible editor:Wei Li Bin
Source:People's Court Journal
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