Judicial Determination Of The Crime Of Dangerous Driving And Criminal-at Fault

"Criminal Law Amendment (h)" added the crime of dangerous driving has the more important theoretical and practical significance. Chase race driving the crime of aggravated dangerous driving type of identification, whether the road speed limit is more than a necessary condition, between the pursuit of competitive driving behavior and communicating the meaning of mens rea to contact the understanding and identification, review of the evidence and found that type of dangerous driving and drunk identification of the crime of driving limits, subjective intent, overnight drunk driving criminal punishment, the sentencing discretion of the plot, the distinction between sentencing standards of evidence and the identification of such surrender is the judicial practice of controversial issues or lack of basis. In addition, the applicability of this crime is relatively non-prosecution, probation, how can temper justice with mercy justice policy, and it constitutes the crime of Imaginative Joinder when sentencing is also based on the identification and design of this article and explore the contents.The perpetrator of the crime of dangerous driving cause of liberty has, on the dangerous state of laissez-faire indirect intent, dangerous driving charge against the legal interests of the clear violation of ethics is not, as a statutory offense, the executive commit, the crime risk is a legal fiction , is the existence and extent of legislators on the level of risk judgments, the Department of abstraction dangerous, dangerous driving, drunk driving offense type with dual illegality, dual accountability, weak anti-ethical, as well as drunk driving and drunk driving in the administrative level to evaluate the homogeneity, the parallel characteristics.The crime of dangerous driving drunk driving as an abstract type without judicial levels Dangerous behavior specifically identified the risk, but still need to determine in accordance with the general concept of risk behavior, which is distinguished in the behavior of the crime committed by Potential Damage needs. Chase race driving over speed limit is not required because the identification is not precise enough speed, high-speed driving and illegal lane change, and repeated the line between dangerous driving behavior not directly related to the crime does not act structure of administrative law as a precondition to speeding violation. Limited performance due to non-motor vehicle, dangerous driving drunk driving type does not include non-motor vehicles, including, but lead to serious consequences for the Crime of conviction, non-motorized vehicles should be covered. Drunk driving accident does not constitute a traffic crime at the scene when the alarm handling behavior can not wait for the traffic accident on the surrender of the references found, so that both the subjective intent is different, and the traffic police to the scene after the blood alcohol test is an inevitable enforcement procedures, therefore, not identified as surrender.The criminal offense of breaking at the time, set up seven categories discretionary aggravating circumstances, shall not apply to this crime is relatively non-prosecution, because the crime of Potential Damage to the plot and the results are not the basis for the evaluation, and administrative regulations as modified for this crime the relative appeal will result in drunk driving is not the final result lighter than drunk driving penalties inequities.When the crime and traffic offenses to the crime of endangering public safety, imagine competing, it should be based on the subjective understanding of factors that will factor, behavioral characteristics and consequences of the harm caused by the severity of three aspects for specific analysis , at the sentencing from a subjective point of view should be intentionally slightly lighter than normal for the crime of endangering public safety, but not in favor of criminal responsibility from the perspective of a lesser sentence, because the leading cause of behavior is the result of freedom.