A Study On The Regulation Of Measurement Of Penalty Of Dangerous Driving Caused By Drunk Driving

Since the implementation of reform and opening up policy, people’s life standard has been improving. Cars, which once were luxuries, now become a daily necessity. With more families or individuals having cars, the number of traffic accidents caused by drunk driving is on the rise, some of which have resulted in very serious consequences. This phenomenon has aroused wide attention and discussion from the theoretical circle, the judicial circle and the civilians. The Amendment VIII to the Criminal Law of the People’s Republic of China, which added the crime of dangerous driving, came into effect on May 1st,2011. It provides support for cracking down and punishing the crime of drunk driving, namely "drunk driving into the punishment". The penalty for dangerous driving is "criminal detention, with a fine". According to the Criminal Law, the term for criminal detention shall be not less than one month, and not more than six months, and not more than one year for plural crimes. Although the Amendment VIII to the Criminal Law of the People’s Republic of China was carried out, the measurement of penalty of dangerous driving caused by drunk driving across the nation is still not equivalent.At present, Chinese scholars generally study "drunk driving into punishment" from the perspective of nomology and criminology. And they mainly discuss the regulation of measurement of penalty of "drunk driving into punishment" from the application of legal circumstances of sentencing, discretionary circumstances of sentencing and criminal penalty.The author of this paper will analyze the effective judgment documents about dangerous driving caused by drunk driving nationwide, and study the influence of the overall measurement of penalty as well as each circumstance of measurement of penalty of dangerous driving caused by drunk driving during the trial practices. It hopes to find out the regular pattern of the measurement of penalty of dangerous driving caused by drunk driving, and to create concrete standards for the measurement according to the basic operating procedure of regulating the measurement of penalty, so as to realize the equivalence of measurement of penalty of dangerous driving.