A Study On Issues Concerning Drunk-Type Dangerous Driving Crime

The drunken dangerous driving offence refers to the behavior that a drunken driver drives a motor vehicle on the road.In the objective aspect,drunken dangerous driving standard should be identified based on the national standard.In the case that the detected alcohol content of the doer does not meet the prescribed drunken standard,but the state is obviously drunk,or when the law enforcement officers have no condition to detect by the breath method or blood test method in some cases,other auxiliary detection methods are needed.The identification of “road” requires both publicity and public nature.Motor vehicles should be identified according to the existing national provisions.The scope of motor vehicles should not be expanded at will.This conforms to the condition of the society.Only when a driver drives a motor vehicle can the driving behavior be identified.Moreover,the drunken drivers should be indirect intent on the subjective level.Drunken driving behavior should not be incriminated without differentiation.Proviso of Article 13 of Criminal Law has validity on this crime.Finally,the boundary of this crime,traffic accident crime and crime of endangering public security by dangerous means should be differentiated in subjective aspect,objective aspect,and culpability form.Particularly,the differentiation between this crime and the crime of endangering public security by dangerous means should also consider the dangerous degree of the criminal act.In this way,the conviction and punishment of the perpetrator's criminal act can be judged scientifically and reasonably.