Study Finds Drunken Driving Problem

On the proliferation of drunken driving behavior can not be effectively. regulated, resulting in the conviction and sentencing caused unreasonable public questioning, the "Criminal Law Amendment (eight)" to incriminate drunken driving behavior, which, with the necessary complement, making our criminal justice system more perfect. In judicial practice, judges will no longer appear difficult predicament applicable law, drunk driving criminal case can be unified under the criminal offense of dangerous driving additional provisions to incriminate or a crime, applicable sentencing range, considering the heavier, lighter punishment and common criminal cases. Drunken driving defendant can establish a clear understanding of whether they should bear criminal and roughly what the magnitude of the penalty, the community can also be a proper understanding of drunk driving criminal law, bound their own behavior Improve the harmonization of laws in judicial decisions applicability to increase public awareness of the credibility and impartiality of the verdict recognition, thereby enhancing the authority of judicial decisions.Past,"Criminal Law" provides only a limited number of offenses to regulate dangerous driving behaviors, such as traffic offenses and a dangerous crime of endangering the public safety, but the two charges are not mainly for dangerous driving behavior, it can not cover all dangerous driving behavior, it is inevitable there will be loopholes. And that the two constitute the crime of" causing serious injury, death or serious losses to public and private properties " as the main performance. That is, only causing serious consequences in order to regulate the use of such offenses, and those who only danger to society but no harmful consequences of drunk driving and dangerous driving behavior can be adjusted with traffic safety law or can not be adjusted, that could be done. Take a step back, even if it can be adjusted Traffic Safety Law of dangerous driving behavior, but minor administrative penalties can not play an effective role in preventing dangerous driving behavior effect, there may have the opposite effect.Based on the Elements of drunken driving behavior, consummated standard quantity of crime, sentencing and the identification of problems associated with the identification of crime analysis, drunken driving that standard sound settings. This paper is divided into four parts, the first part is the problem of identification of drunken driving; drunken driving and the second part is related to the identification of problems of crime analysis; third part is considered drunken driving standard sound settings.