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【法宝引证码】
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- Issuing authority：
Supreme People's Court,Supreme People's Procuratorate,Instrumentalities of the State Council,All Ministries,Ministry of Public Security
- Document Number：
No. 15 [2013] of the Supreme People’s Court
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Date issued：
12-18-2013
- Effective date：
12-18-2013
- Level of Authority：
Documents of Judicial Interpretation Nature
- Area of Law：Criminal Law
- Invalidated by：Notice by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice of Issuing the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice of Handling the Criminal Cases of Dangerous Driving while Intoxicated (Issued on 12-13-2023 Effective on 12-28-2023)
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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 Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated | | 最高人民法院、最高人民检察院、公安部印发《关于办理醉酒驾驶机动车刑事案件适用法律若干问题的意见》的通知 |
(No. 15 [2013] of the Supreme People's Court) | | （法发〔2013〕15号） |
| The higher people's courts, the people's procuratorates, and the departments (or bureaus) of public security of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court and the Military Procuratorate of the People's Liberation Army; the Security Section of the General Political Department of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate and the Public Security Bureau of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市高级人民法院、人民检察院、公安厅（局），解放军军事法院、军事检察院，总政治部保卫部，新疆维吾尔自治区高级人民法院生产建设兵团分院，新疆生产建设兵团人民检察院、公安局： |
| Since the implementation of the Amendments (VIII) to the Criminal Law of the People's Republic of China, by strict law enforcement, a number of criminal cases of driving a motor vehicle while intoxicated has been investigated and punished, with satisfactory legal and social effects. To ensure the correct and uniform implementation of the law, legally punish the crimes of driving a motor vehicle while intoxicated, and protect the public security and life and property safety of the people, after in-depth investigation and research and extensive solicitation of opinions, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have developed the Opinions on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated, which are hereby issued to you. Please carefully study and effectively implement the Opinions. Please report any problems encountered during the implementation to the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security through each level in a timely manner. | | 《中华人民共和国刑法修正案（八）》施行以来，各地严格执法，查处了一批醉酒驾驶机动车刑事案件，取得了良好的法律效果和社会效果。为保障法律的正确、统一实施，依法惩处醉酒驾驶机动车犯罪，维护公共安全和人民群众生命财产安全，最高人民法院、最高人民检察院、公安部经深入调查研究，广泛征求意见，制定了《关于办理醉酒驾驶机动车刑事案件适用法律若干问题的意见》。现印发给你们，请认真组织学习，切实贯彻执行。执行中有何问题，请及时层报最高人民法院、最高人民检察院、公安部。 |
| Supreme People's Court | | 最高人民法院 |
| Supreme People's Procuratorate | | 最高人民检察院 |
| Ministry of Public Security | | 公安部 |
| December 18, 2013 | | 二〇一三年十二月十八日 |
| Opinions on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated | | 关于办理醉酒驾驶机动车刑事案件适用法律若干问题的意见 |
| In order to ensure the correct and uniform implementation of the law, legally punish the crimes of driving a motor vehicle while intoxicated, and protect the public security and life and property safety of the people, these Opinions are developed in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law and in consideration of the practices of investigation, prosecution, and trial. | | 为保障法律的正确、统一实施，依法惩处醉酒驾驶机动车犯罪，维护公共安全和人民群众生命财产安全，根据刑法、刑事诉讼法的有关规定，结合侦查、起诉、审判实践，制定本意见。 |
I. Whoever drives a motor vehicle on road with his or her blood alcohol content reaching 80 mg per 100 ml or more shall be deemed to be driving a motor vehicle while intoxicated and be punished for the crime of dangerous driving in accordance with paragraph 1 of Article 133A of the Criminal Law.
．．．．．． | | 一、在道路上驾驶机动车，血液酒精含量达到80毫克/100毫升以上的，属于醉酒驾驶机动车，依照刑法第一百三十三条之一第一款的规定，以危险驾驶罪定罪处罚。
．．．．．． |
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