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The Research On Measurement Of Penalty About The Crime Of Drunk Driving

Posted on:2014-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WuFull Text:PDF
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The crime of dangerous driving contains two criminal behaviors, which isracing driving and drunk driving. This article only studies on measurement of penaltyabout the crime of drunk driving. Since the crime was put into implementation onMay1stin2011, sentencing has been all different, such as the distinction of detentionand the contention between exempted from criminal punishment and punishment. Thebehavior of drunk driving was brought into crime, which has a deep affect on study,job and life of those who has drunk. Therefore, it’s necessary to have a research onmeasurement of penalty about the crime of drunk driving.This article divides into four parts:The first part briefly analyses problems about some cases of drunk drivinghappened in cities. Sentencing are similar but results are different. Because of thelarger difference of drunk driving offense to explain its sentencing research isnecessary, to achieve justice, safeguard the authority of law, carry out the suitingpunishment, and protect the legal rights of the defendant.The second part discusses drunk driving crimes in the judicial practice about somelegally prescribed circumstances of sentencing, such as surrender and offence, clearlydrunk driving crimes in some specific cases is the existence of surrender, and needsspecific identification and distinction applies. At the same time, based on theparticularity of drunk driving crimes, namely the state of intoxication and driving behavior is synchronous, so drunk driving does not exist form offence.The third part of the crime of drunk driving application of discretionarycircumstances of sentencing is fully developed, and explains the alcohol content,damage, environment and the subjectivity of these factors on drunk driving criminalsentencing is influential, which are put forward in this crime sentencing should behow to grasp and use.In the fourth part discusses punishment for drunk driving crimes, mainly around theprobation and exempted from criminal punishment expansion. In judicial practice,probation and exempted from criminal punishment had the problem, whether or not asuitable for large, applicable standards are not unified. We should clear when theprobation and exemption from punishment in criminal law is applicable to the penalty,it is necessary to use. Therefore, to pay attention to and solve some problems in thespecific application needs.
Keywords/Search Tags:drunk driving, legally prescribed circumstances ofsentencing, discretionary circumstances of sentencing, probation, exempted from criminal punishment
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