Charges, not fines for drunken drivers: Judge

By Zhang Yan (China Daily)
Updated: 2009-11-04 09:01

Charges, not fines for drunken drivers: Judge
A driver under the influence of alcohol is stopped by police on Dongnei Xiaojie. [China Daily/File photo]

Motorists caught drink driving should face criminal charges regardless of whether or not they cause a collision, the chief judge of Traffic Court of Haidian district said.

In an exclusive interview with METRO, Li Hongyu said motorists caught behind the wheel should also be banned from the roads for life, instead of temporarily suspended. They should also get a larger fine.

"We propose to increase the punishment for drink driving. At present, according to China's Road Traffic Safety Law, the penalties for drink driving are too light," Li said.

"We propose to create criminal charges for drink driving and drunken driving," Li said.

Li said Western countries focused on the behavior of the driver, whereas China paid attention to the consequence of the behavior.

According to Chinese law, motorists who have a blood alcohol content of between 20 mg and 80 mg per 100 ml, will have their licenses suspended for up to three months and pay a fine of up to 500 yuan ($73).

Meanwhile, drivers whose alcohol content is 80 mg per 100 ml or above will be detained for up to 15 days and their licenses suspended for up to six months. There is a maximum fine of 2,000 yuan.

Judge Li said that between Jan and Oct 20, his court had tried 17 drivers who had caused collisions after driving under the influence of alcohol. Among them, 15 drivers caused serious collisions, resulting in death or serious injury.

The court released a report on these 17 cases on Monday, in which it recommended drink driving and drunken driving be classified as criminal offenses with punishments including heavy fines, lifetime license bans, better education for drivers, and naming the officials who break the laws.

Under Chinese law, a defendant can be jailed for a maximum seven years if convicted of a traffic accident. However, if convicted of endangering public security, the defendant could be put to death.

Gao Guijun, president of the fifth criminal tribunal with the Supreme Court, said there is a need to streamline the laws.

If the drunken driver continues to drive after a collision and causes heavy casualties, the driver should be convicted of endangering public safety in a dangerous way, Gao said.

"The conviction and sentencing issues caused by drunken driving are more complicated. Whether the drunken driver is convicted of a traffic accident or a crime of endangering public safety in a dangerous way, it should be judged by the defendant's subjective intention, the situation, and consideration of the consequences," he said.

Hong Daode, a professor of criminal law with the China University of Political Science and Law, said he supported the establishment of criminal charges, rather than administrative punishments, for drivers who drink.