On The Conviction And Sentencing Of Drunken Driving

As a case study,the thesis take the "national first case of drunken driving without anycrucifixion" as the opportunity,the author makes a relatively comprehensive and objectiveanalysis of number of issues of the crime of drunken driving.The thesis is divided into sixparts,as described blew:Part one raises the cause of action of Mr.Wang’s drunken driving.Part two introduces details of the "national first case0f drunken driving without anycrucifixion".Part three describes the focuses of controversy in the case.The focuses of controversy arethe standard of conviction and sentencing on drunken driving and the relationship between thegeneral provisions and the specific provisions of criminal law and so on.Some peoples thinkMr.Wang’s behavior should be convicted of the crime of dangerous driving and punishedwhile some other people think Mr.Wang’s behavior should be convicted of the crime butshould not be punished.And some others also think Mr.Wang’s behavior should not beconvicted of any crime.Part four is an analysis of the jurisprudence about the case.The part is the core part of thethesis.The part analyzes the background of the crime of dangerous driving, the conviction andsentencing on drunken driving and whether any people drunken driving must be convicted ofthe crime.And on the basis of the analyzes the case,the author discuses the understanding ofsuch concepts in the crime as"dangerous driving","the crime of causing trafficcasualties",and" dangerous crime of endangering public security" etc.On the issue whether thepeople must be convicted of the crime,firstly,the author discuses the relationship between thegeneral provisions and the specific provisions of criminal law.Secondly,the author introducesthe attitude of the Court,Procuratorate and Public Security.Finally,the author thinks the peopleshould not be convicted of the crime and gives some reasons.Part five is the conclusion.According to the analysis in part four, the author makes conclusions that Mr.Wang’s behavior should not be convicted of the crime.And the authoranalyzes the rationality and defect of the Court’s sentence.Part six is about improvement of organizing of the crime of drunken driving.The authormakes suggestions as follow:Firstly,the author gives the suggestion on the standard ofconviction and sentencing on drunken driving.Secondly,the author thinks there should be acoordination between administrative means and means of penalty.Thirdly,the people shouldbe educated.Especially,we should create an atmosphere. Drinking without driving,drivingwithout drinking.Lastly,judicial interpretation of the crime should be issued as soon aspossible.