The Criminal Law Evaluation Of Heavy Casualties Behaviours Caused By Drunk Driving

In recent years, Quality of life improved significantly, Owned vehicle is no longer a difficult task, More and more appropriate in traffic accidents is also filled with various news reports, the mainstream media. Therefore, This category often happens in the street and people safety-related issues have also been more and more people are concerned about and discussing. In particular, the table on the prevalence of drinking tradition, which also led to increasing acts of drunk driving. Drunk Driving has become an important cause of road hazard, Especially drunk driving behavior is causing a lot of vicious accident. Such accidents often cause heavy casualties related personnel, And how accurate such acts become criminal law evaluation officer vexed issue. Traffic crime and the crime of endangering public safety has a certain complexity and interoperability, Because both of them are against the similar object, Especially in the perpetrator is in a state of intoxication, Limits on similar cases of conviction for even more blurred. Therefore, We need to explain the relevant issues to be analyzed, Further drunken drivers caused heavy casualties related behaviors give an accurate evaluation of the Penal Code, To ensure the case can be accurately and impartially.This will be the four relevant cases as the breakthrough point through traffic crime and crucial difference to the crime of endangering public safety were analyzed, Further grasp at the actor’s drunken state what behavior is a significant risk that the subjective state of mind and behavior, In order to achieve drunkenness offenses of human behavior to be an accurate assessment purposes. This paper is divided into three parts:First part, Including four classic case of drunk driving cases brief introduction and summary of the focus of controversy, Raise relevant issues, Lay the foundation for the main body of this writing.The second part, It is the core part of this paper. Controversial issues will be the first part of the legal analysis and draw personal opinion, And then give a qualitative judgment on similar acts. First of all, On the "dangerous methods" including inadequate current discrimination legislation, How to determine whether drunk driving human behavior constitute "other dangerous method"; Secondly, Drunken perpetrator’s subjective state of mind to grasp the analysis, The main distinction between "indirect intent" and "overconfident negligence" that the perpetrator mentality behavior; Once again, Based on the current analysis of existing academic point of view if there is a problem due to the severity of the conduct and results converted between the two charges; At last, For two benchmark crime, legal, discretionary sentencing be sure to make specific sentencing-related cases to achieve standardization.The third part, Disputes will be the first part of assessment, To achieve the thrust of this paper.