Investigation Report On Shenyang Dangerous Driving Drunk Case

Since the reform and opening up, with the rapid development of the improvement of people’s living standard and the social economy, the traditional sense of the "basic necessities of life" also exposed a brand-new appearance, change rapidly changing. Alone "for" this hand, along with the development of modern transportation vehicle changes innovation, popularization in thousands of households, driving motor vehicle travel, has become the most common way to travel. With the number of vehicles on the road to grow with each passing day, while bring convenience to people, also inevitably brings negative influence.Drunken driving behavior frequently win support among the people, coupled with the impact of a long history of wine culture idea, makes the drink driving problems intensified, 2009 "Sun Weiming drunk driving case" create a great sensation, has become the focus of social attention, and therefore the drunken driving pushed in the teeth of the storm. In view of this situation, the National People’s Congress Standing Committee of the nineteenth meeting, on February 25, 2011 formally passed the "criminal law amendment(eight)".Since the drunk driving into the punishment,it has been four years, in the public security and judicial organs to crack down on drunk driving, and achieved good social effects, we also found some problems existing in the judicial practice,so we put forward the corresponding measures to solve the urgent problems.This paper is divided into three parts. The first part elaborated the drunken type dangerous driving case investigation. Based on the period from January 1, 2014 to December 31, 2014 district court.It includes number of month distribution for drunkenness, the criminal status, crime of time and place,type of vehicle, alcohol content, and so on.To show them in the form of graphs. For the following analysis of the existing problems in trial practice to pave the way for. The second part describes some of the problems which exist in trial practice, Through list several typical drunken driving cases, to elaborate the scope of the existing differences, drunken program problems Voluntary Surrender determine the existence of the dispute, the question of probation and sentencing judge scales are not uniform and other issues.The third part is the author in view of the above problems listed, from the trial and prevention and put forward corresponding measures in two aspects. From the perspective of the trial, First of all, from the legislative and judicial interpretation point will exceed the standard of electric vehicles into the scope of accepting cases of drunk driving case.Secondly,to strictly grasp drunk program collection standard.We also should accurate identification of surrender of the plot, and the importance of the application of probation.Thirdly,we ought to make corresponding to the unified standard of measurement of penalty, equalize sentencing better. From the perspective of prevention, in order to prevent drunk driving case, should further intensify the investigation of drunk driving, establishing the normalization of investigation of drunk driving crime mechanism, to perfect the rules for the implementation of legal norms of the attention, evaluation of drug use into the crime of dangerous driving, to further regulate motor industry management. And vigorously support drive industry.