The Spring Festival is approaching, which is the time for family and friends to gather and feast. Phrases such as "Don't worry about drinking during the Chinese New Year, your car has autonomous driving" and "Turn on smart driving and go home with your eyes closed" have been circulating on the internet and among car owners. Recently, the People's Court of Linping District, Hangzhou City, Zhejiang Province, ruled in a judgment that the use of an assisted driving system "unmanned driving" in the passenger seat after getting drunk constitutes the crime of dangerous driving, clarifying the responsibility boundary for intelligent driving. After having a dinner with friends and drinking Baijiu and beer, Wang drove back to the community first, and then drove into the public road again. While the vehicle was in motion, he activated the assisted driving system and used accessories that simulated holding the steering wheel. He then climbed directly from the driver's seat to the passenger's seat and quickly fell asleep. In the end, the vehicle stopped at the elevated intersection due to the system automatically slowing down. According to the public's report, Wang was caught by the police. After testing, the ethanol content in his blood reached 114.5mg/100ml, which meets the standard for drunk driving. The court held that according to the "Classification of Automotive Driving Automation" jointly issued by the State Administration for Market Regulation and the National Standardization Administration, vehicle driving automation is currently divided into six levels from level 0 to level 5, with level 0 to level 2 being assisted driving. The system assists the driver in completing some driving tasks, and the driving subject is always the driver. The defendant Wang started the auxiliary driving system and used the accessories installed in advance to avoid the monitoring of the auto drive system of the vehicle. He also moved from the main driver to the co driver. At this stage, as the vehicle is equipped with a Level 2 assisted driving system that cannot be separated from the driver's supervision, Wang is still the driver responsible for executing driving tasks. His behavior of moving from the driver's seat to the passenger seat and detaching his hands from the steering wheel is considered improper driving in nature. It is understood that although Wang's blood alcohol content is less than 150 milligrams per 100 milliliters, he has been administratively punished for driving a motor vehicle after drinking alcohol within two years, which meets the criteria for a heavier punishment. Therefore, the court sentenced Wang to one month and fifteen days of detention and a fine of RMB 4000 for the crime of dangerous driving. Industry insiders point out that the majority of intelligent driving systems installed in cars currently sold in the domestic market do not have autonomous driving functions and can only provide assisted driving functions. After activating the intelligent driving system, the driver still needs to maintain control over the vehicle, observe its driving dynamics, and ensure driving safety. The intelligent driving system cannot replace the driver in performing driving tasks, and the driver is still the first person responsible. It is even more important not to attempt to use the car's assisted driving system to achieve the purpose of 'proxy driving' after drinking alcohol. Once an accident occurs, drivers may face legal risks such as civil compensation, administrative penalties, and criminal accountability. ”Deputy Chief Judge Wu Xigen of the Criminal Trial Division of Linping District People's Court stated. (New Society)
Edit:Luoyu Responsible editor:Jiajia
Source:chinanews.com
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