Does drunken driving “elderly Scooter” also constitute dangerous driving crime? Listen to the prosecutor explain why

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on August 20, the reporter learned from Xindu District People’s Procuratorate of Chengdu city that the court recently filed a public prosecution on a dangerous driving case of driving an electric four-wheel vehicle without a license after drinking. After a court hearing, Li was sentenced to two months’ detention, four months’ probation and a fine of 2000 yuan for dangerous driving.

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in February 2019, Li bought a low-speed four-wheel electric vehicle for the convenience of travel, which is known as the “elderly commuter” in daily life. In order to be able to buy non motor vehicle liability insurance, Mr. Li installed a fake license plate without authorization and bought commercial insurance. On September 7, 2019, after drinking about three liang of bulk liquor, Li drove an electric four-wheel vehicle to Xinfan Town, carrying his wife you, neighbors Jiao and Liang to Xinfan town. He met the traffic police on duty on public roads, and was suspected of drunk driving after on-site alcohol breath test. After that, the alcohol concentration of Li’s blood sample was 154mg / 100ml. After identification, Li’s four-wheel electric vehicle belongs to the category of motor vehicles. Li drives a motor vehicle without a license plate, and the blood alcohol concentration exceeds 80 mg / 100 ml of the crime standard for dangerous driving blood alcohol concentration stipulated by the law of our country. Driving an old electric four-wheel vehicle after drinking constitutes a dangerous driving crime.

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drunk driving “elderly Scooter” also constitute dangerous driving crime? The procurator in charge explained that the design of many old people’s scooters is almost the same as that of ordinary cars. Many electric vehicles have three or even four seats, which are not only used for “walking”, but also for “carrying passengers”, and the body is large. According to the law of the people’s Republic of China, the motor vehicle driving device used for transporting vehicles or goods on the road of the people’s Republic of China is defined as “the power device used to drive vehicles on a certain road” or “vehicles driven by a certain vehicle on the road” of the people’s Republic of China The maximum design speed is 50 km / h, which belongs to the category of motor vehicles.

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prosecutors remind that a considerable part of elderly scooters are identified as motor vehicles in judicial appraisal, and dangerous driving cases are frequently involved. Most of the purchase objects of the car are middle-aged and elderly people. They think that the electric vehicle does not need a license, but most of them are identified as the main responsibility after the accident. And even if the purchase of “non motor vehicle third party liability insurance”, most insurance companies will refuse to settle claims. It is suggested that we should not blindly believe in the propaganda of “no license plate, no driver’s license” of the elderly scooter. We should follow the traffic rules and choose legal means of transportation to travel safely.

Wang Wenlu Sichuan online reporter Ren Hong

original title: drunk driving “old people’s bicycle” also constitutes dangerous driving crime? Listen to the prosecutor explain the reason