Research On Sentencing Of Drunk Driving

Since The Eighth Amendment to the Criminal Law of People's Republic of China has made the dangerous driving a crime,the number of the cases has increased rapidly every year. Although many scholars have conducted a deep analysis and heated discussion on it,there are still many problems in sentencing of the drunkdriving dangerous driving crime in juridical practice. This paper studies on the sentencing of W City(incuding two Area of A and B)which deadline of the data is 2015 February 17th( totally 8550 cases) since the dangerous driving has been made a crime.Full text altogether is divided into four parts, more than 40000 words,the main contents are as follows:Since The eghit Criminal Amendment take the dangerous driving behavior into law for couple years,the number of this kind of cases have showed a trend of rapid growth per year. Although most scholars have conducted a deep analysis of this accusation,there are still many problems in the crime of drunk driving. This paper is about the data of W City(incuding two Area of A and B)since the dangerous drving take into law till 2015 February 17th( totally 8550 cases) to find the trend.. The full text is divided into four parts, the main points are as follows:The first part: the situation for picking the samples about drunk driving crime which are divided into three periods according to the law, meanwhile, pointing out there are a lot problems in other researches. In this part, the author briefly introduces the concept of the values of the prevention and punishment of the penalty, and clarifies the author's support of the relative theory of the value. Finally the part introduces the need of circumstances of sentencing, namely blood alcohol, types of vehicles, the different way of arrest, time, other traffic violation behavior, criminal record and had violated traffic rules by administrative punishment, surrender, confess,total nine circumstances of crime.The second part is about the trial situation of drunk- driving dangerous driving crime in District A and District B and make a comparative analysis with the W area of such cases as a background.The cases are divided into three periods in statistics.According to the changes of the day average number of the incident, the trial situation of such cases in different periods will be seen. On the register, revocation, transfer and the proportion of the total number of cases entered the judicial process in W area, the paper tries to explore the possible reasons for the high rate that the drunk-driving dangerous driving crime gets in the judicial proceedings. Later this part clarify the penalty situation of City A and City B of such cases,including the detention penalty, probation, exempt from criminal punishment and fine penalty, accompanied by charts with clear instructions. The final of this part is about other circumstances, such as the characteristic of alcohol content and the main characteristic of the defendant, etc.The third part is the key of the full text. It intends to get a reasonable standard of sentencing by illustrating the trial rules of such cases through a large number of charts and data. Firstly it produced results of average bare declared sentence from different ranges of level of alcohol in blood and different types of vehicles. Then mix up with different circumstances(only control one variable, other variables were unchanged) to find the average declared sentences. At last it will find a reasonable sentencing standard through comparing the two data to make sure the influence on sentence.The fourth part is based on the statistics in the process and defects that may exist in readings.The mentioned defects is mainly start from the concept of “risk”. The traditional concept have some defects that need to add. In this part, the author also believes that the other passengers, age should be considered. In opposition to the traditional type sentencing methods, it proposed the standardization sentencing methods, namely confirm the starting point of punishment at first according to the basic facts of the crime(three circumstances),and then determine benchmark punishment(six circumstances),finally fix the declaration penalty(needs to adjust the final judgment in accordance with the legal provisions of the penalty rate). The perfection of the fine penalty mainly considered following circumstances:the criminal acts of social harmfulness, individual and local economic factors. Finally determine the penalty of starting point which based on statistics in accordance with the above situation,whether increase or reduce should be in the reasonable scope.