1. Can the drunk driving procuratorate not sign the sentence?
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1. Can the drunk driving procuratorate not sign the sentence?
The procuratorate may not sign the judgment. If the sentence is too heavy, the procuratorate may not sign it, but if the parties do not sign it, it can also be regarded as service; If the sentence is too heavy to appeal, the parties concerned, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but the execution of the judgment or ruling cannot be stopped.
The procuratorate is responsible for arrest and prosecution. The procuratorate is not responsible for sentencing, and the people's court is responsible for sentencing suspects. When the judgment is delivered, the family members are required to sign it, which only means that the notice has been given. If the family members do not sign it, the sender can record it without any consequences.
Drunk driving refers to drunk driving a motor vehicle, which belongs to the crime of dangerous driving. In principle, it is sentenced to criminal detention and fined. For drunk drivers, the degree of drunkenness, driving speed and actual damage should be considered comprehensively when conviction and sentencing. Drivers whose drunk driving is obviously minor and harmless should not be convicted and punished, and drivers who are not punished if the circumstances are minor can be exempted from criminal punishment.
Second, how to deal with traffic accidents caused by 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 five years. After the verdict, he was sentenced to criminal detention and fined. If a drunk driver drives a motor vehicle, his driver's license shall be revoked, and if a major traffic accident occurs while driving a motor vehicle, which constitutes a crime, he shall be investigated for criminal responsibility according to law. The traffic administrative department of the public security organ shall revoke his motor vehicle driver's license and shall not re-obtain it for life.
Criminal responsibility shall be investigated for the crime of causing traffic accidents, and civil liability shall be borne according to the fault liability.
1. According to the law, if drunk driving is suspected of dangerous driving, criminal responsibility, detention and fines shall be investigated according to law. If a traffic accident occurs as a result, which constitutes a traffic accident crime, the principle of absorbing a misdemeanor from a felony should be followed.
2. The crime of causing traffic accidents refers to a criminal act that violates road traffic management regulations, causes serious traffic accidents, causes serious injuries, deaths or heavy losses to public and private property, and is investigated for criminal responsibility according to law. The crime of causing traffic accidents is a crime of negligent endangering public safety. The establishment of any crime must have four elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime.
When dealing with drunk driving cases, the procuratorate may not sign after sentencing. If a drunk driver has a traffic accident, the traffic police should go to the scene to investigate, identify the responsibility for the accident, and then punish him according to the corresponding responsibility. Whoever commits an act of hit-and-run while drunk driving shall be given a heavier punishment, convicted of traffic accident, sentenced to fixed-term imprisonment of not more than three years, and his driver's license shall be revoked.