The Judicial Application Of The Crime Of Drunk Driving Dangerous Driving

In recent years, with the continuous development of China’s economic development and urbanization process, automotive and other transportation became people living necessities, part of the motor vehicle drivers drunk driving a motor vehicle caused traffic accidents, and even malicious collision caused heavy casualties and event occurred, caused public outrage. In order to punish the crime of drunk driving, reflecting the demand of the general public, on February 25, 2011 National People’s Congress Standing Committee passed "criminal law amendment(eight)", the establishment of the crime of dangerous driving, drunk driving motor vehicle behavior included in this crime. Clearly defined circumstances also to solve the judicial practice of drunk driving standards, the Supreme People’s court, the Supreme People’s Procuratorate and the Ministry of public security on 18 December 2013 developed the opinions on Several Issues concerning the application of law in the handling of criminal cases of drunk driving motor vehicle, the meaning of "intoxication" and identified on the basis of, "road" and "motor vehicle", shall be given a heavier punishment, compulsory measures applicable to such problems. According to statistics, in the drunk driving conviction in the three years before, motor vehicle, driving and road mileage increasing year by year, across the country involving drunk driving, drunk driving and lead to a number of road traffic accidents and deaths than the number of drunk driving into the former crime respectively, representing a decrease of 25% and 39.3%, fully embodies the deterrent effectiveness of penalty, extent realized legislative intent.In judicial practice, the criminal punishment of the crime of drunk driving dangerous driving should be based on the theory of criminal law to understand and grasp the nature of the crime, the elements of the crime and the definition of the related crime. From the concept of abstract dangerous crime about the crime to analyze the nature of the crime of dangerous driving, combined with judicial practice, the elements of blood alcohol content determination, the expert opinion of "road" and "motor vehicle" concept and the understanding of the problems such as the plot is expounded, and the general probation and the "proviso" application the situation to sort out, in addition, combined with the practice of "opinions" by the Supreme People’s Court on the application of law to the crime of drunk driving, and the crime of dangerous driving in "criminal law" the second chapter of the crime of endangering public security traffic accident, the crime of endangering public safety to distinguish, to provide reference for the for drunken driving of justice.