Drunken Driving Deaths Caused By The Analysis Of The Nature And Guilt

In recent years, as standard of living rise ceaselessly, automobile amount is alsoincreasing. And traffic accident caused by drunken driving is happening with increasingfrequency. Drunken driving is threatening people’s life and the property security seriously.Especially drunken driving deaths cases happen sometimes, making families fall apart. Socommon people have felt a deep sense of revulsion. But due to the divided standard, theprocessing mode, the nature and guilt of drunken driving death cases varies between differentareas. Therefore, this article tries to take Shen’s case for example and analyses the differencesbetween the traffic accident crime, the crime of dangerous driving and the crime ofendangering public security with the dangerous method. In hope of helping judicial authorityset a precedent for future cases of a similar nature.This article consists of four parts. First part is Case synopsis following the logic order ofcauses, details of the case, focus of controversy and the reasons. There are three views onconviction: the traffic accident crime or the crime of endangering public security with thedangerous method or the crime of dangerous driving committed by traffic casualties. Andfollowed with their own reasons.Second part is about conviction in this case. From the perspective of potential damageoffense and real damaging offense, contrast the differences between the crime of dangerousdriving which is as abstract potential damage offense and the crime of endangering publicsecurity with the dangerous method which is as concrete potential damage offense and thetraffic accident crime which is as real damaging offense.Third part is based on the theory above to expound the concept of how to convict Shen’scrime. Pointing out that circumstances of Shen could not convict him the crime ofendangering public security with the dangerous method. In stead, it should be convicted thetraffic accident crime. Besides it also could not be committed by the crime of dangerousdriving. On the other hand, Given the circumstances of voluntary surrender, he should bedealt with leniently.Last part described enlightenments from Shen’s case. First one is the factor that shouldbe taken into account when dealing with the drunken driving death case. Second is to keepnecessary caution when convicting a crime of endangering public security with the dangerous method. And last but not least, promoting the relevant legislation.