The fact of drives after drinking and the drunken drives is the one of most dangerous elements to trigger the traffic accidents. In recent years, this sort of cases is increasing. And the crime-making of these actions in the criminal law would be the most effective way to limit the drives after drinking and the drunken drives. So this paper discusses the legislated defects in the current laws and regulations of drives after drinking that especially the repeated accidents caused by these defect of the criminal punishments. Through the overview about the real judicial cases of drives after drinking, the author elaborates the necessity of the independent legislation to punish the drives after drinking with the legislation experiences in HK and other countries in order to give the legislation suggestions and the guides about the specific application over the drives after drinking.
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