Electric tricycles may be identified as motor vehicles and bear the criminal responsibility of drunk driving

by:Mainbon     2021-06-09
The crime of dangerous driving is a newly added crime in the 'Criminal Law Amendment (8)' that came into effect on May 1 last year. The full text is: driving a motor vehicle on the road to chase and driving, the circumstances are bad, or driving while drunk on the road The motor vehicle was detained and fined. Anyone who commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of the heavier punishment. According to the provisions, it is only motor vehicle owners who commit crimes. At present, all electric tricycle drivers who have been punished everywhere are classified as motor vehicles because their electric tricycle exceeds the standard. Take a battery car as an example. To be classified as a non-motorized vehicle, it must meet the industry standard established in 1999-'General Technical Requirements for Electric BicyclesKilogram, with pedal riding function, can be driven by manpower and electricity at the same time (the weight of the electric tricycle is not more than 380 kg). Therefore, whether the over-standard battery car is a motor vehicle or a non-motor vehicle, it is still based on identification (there are many detailed standards involved, there are about hundreds). The traffic police department masters this law enforcement standard. After the criminal justice process is initiated, the judge will be challenged. In other words, the issue of conviction and sentencing is left. According to the principle of statutory crimes, as long as the perpetrator is driving a motor vehicle while drunk, he shall be held criminally liable. On August 10, Li, a man from Jiangxi Province, became the first owner of an electric tricycle in Ningbo to be sentenced for drunk driving because he drove an electric tricycle after drinking. One piece of information revealed by the verdict is that even an electric tricycle may be identified as a motor vehicle because it exceeds the standard and bear the criminal responsibility of drunk driving.
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