The Analysis Of The Case Of Weiming Sun Drunk Driving

With the scientific and technological unceasing progress, modern transportation vehicle more and more advanced and the speed quicker and quicker, the road safety arouses people's widespread attention gradually, after drinking, drives into the initiation path danger the substantial clause. According to the Department concerned statistics, every year liquor drives the initiation the traffic accident to reach ten thousand, particularly alcoholic intoxication driving, causes the malignant traffic accident frequently, the personal safety and property brings the enormous threat for the personal safety and property, therefore, that the alcoholic intoxication driving similar to fierce tiger is not exaggerate, from the Chengdu, Sichuan province Weiming Sun's drunk driving widespread argument, in the nationwide scale has had the number cause alcoholic intoxication driving initiation case, the primary cause is the collision which our country's liquor culture tradition and the modern traffic safety produces, as well as our country law flaw about the liquor drives.This article carries on the analysis through five parts to the Weiming Sun inscription document related legal matter.The introduction part introduced the Weiming Sun drunk driving document's background, reflects question, as well as research significance.The first chapter introducs the Weiming Sun drunk driving document's basic case, the related Public security organ's evidence, witness testimony and so on, control debate the bilateral position and the reason, as well as a second trial court decision and basis.The second chapter mainly introducs Weiming Sun drunk driving document qualitative and discretion of punishment question, namely must decide the transportation cause troubling crime to the Weiming Sun inscription to harm the question which the public security crime punishes, and launches from this, from the subjective aspect, the objective aspect carries on the analysis, proposed two different viewpoints, and according to this case's special details, rest on the existing legal rule to carry on the analysis to draw the conclusion. Also elaborated to the Weiming Sun inscription whether to be suitable death penalty's question, according to the second instance court different discretion of punishment situation, the fact basis which the union case reflected, obtains cannot be suitable death penalty this conclusion to the Sunwei Ming inscription.The third chapter is about the alcoholic intoxication driving related criminal activity, the administrative law carries on the summary, and pointed out that existed in these legal rule introduced emphatically countries and so on Germany, France, US, Japan about the alcoholic intoxication driving aspect's legal rule, put forward their proposal according to other country's experience.Finally, the author draws the conclusion and thinks that the Sichuan High Court to the Weiming Sun inscription document, punishment is the correct conclusion. The case takes the law circle pondering..