Search On The Criminal Application Of Drunk Driving

In recent years,with the surge in the number of motor vehicles and the affect of the culture of wine-drinking in China many people ignore traffic regulations and drive after drinking,even drunk driving, that Cause serious harmful consequences to the people’s life, health and safety. In order to punish and prevent the action of drunken driving one new article was added into the article133rd of Criminal law in the Criminal Law Amendment (Eight), called crime of the dangerous driving, so as to safeguard people’s safety and the safety of travel. The new article put the behavior of drunk driving into the scope of the criminal law, saying if one drunken drive on the road he will be convicted penalty of servitude and criminal fine, it take effect on May1st-2010.Since "Drunk driving into the sentence", the localities have launched punishing drunk driving activity. Some drunk drivers in each province were sentenced to a criminal punishment. Because of no uniform circumstances for ad judgment, same drunk driving case was sentenced differently; some is penal servitude; some is criminal fine; some innocent because of very slight circumstances; even some gained Administrative sanction instead. The principal of sentencing is the alcohol content. More alcohol the penalty is more serious. People are doubted about the principal of sentencing. The broad masses of the people start to question:" whether should be all drunk driving conviction"," do drunk driving conviction need plot limit"," When sentencing what plot should be considered ","how to apply the drunk driving crime". Legislation is a abstract activity, Application of law is concrete. We should consider many circumstances of crime when sentencing guilty or innocent in the case of drunken drive. Although drunk driving has been defined as criminal, not drunk driving should be declared guilty. On the process of criminal law application to the drunken driving case subjective elements of the behavior, and the subject to the harmful criminal effect should be cloud be applied in fitting the crime along with the risk degree of driving.