On Penalization Of Drunken Driving

After "Criminal Law Amendment (Eight)" came into force, the penalty for drunken driving has been stimulating widespread discussion and debate among the academia and social media. Although drunken driving can be convicted of criminal offense even without feature of serious plot, it can still go to the "proviso" in the thirteenth article which is applicable to all criminal charges. However, not all the cases of drunken driving should necessarily be convicted of serious criminal offense. In fact there is certain kind of drunken driving causing no real damage to or that realizes no more danger than the general driving behavior. Therefore the "proviso" can be used to establish a better evaluation system of drunken driving cases. The maximum penalty for drunken driving is only detention, but the behavior of drunken driving differ in consequences, danger, and subjective fault. It should be considered thoroughly and prudently of how to make the penalty in accordance with the behavior of drunken driving. A proper judicial interpretation still is much in need to establish the evaluation system of drunken driving even after the police department, prosecuting attorney and judge have declared different statements. The evaluation system can be roughly divided into three sections:not guilty, guilty but no penalty and penalty, which is sufficient to deal with respective drunken driving cases:drunken driving realizing no harm, drunken driving with slight real danger,and drunken driving causing severe harm.