The Danger Of Drunk Driving Crime

In 2011,drunken driving behavior was added to "Criminal Law Amendment(8)",which was originally governed by the executive law.But now this behavior is considered as criminal behavior,the change of legislative model indicated that the drunken driving has reached the extent of crime.The drunk driving behavior should be higher proof of the requirements and more stringent requirements.However,the statement in the criminal law was only that " People drive motor vehicles on the road after having a drink ".The application of the crime should be based on the interpretation of criminal law,the theory of legal interest protection and the modesty of criminal law.The essence of drunken driving crime is the perpetrator has the obstacle of safety driving,which should lead to concrete danger to society.the danger caused by drunk driving behavior should be concrete danger.The alcohol content of the person’s blood is not the only criterion.The judges must judge the danger from the objective side and the subjective side,which include the analysis whether the drunk driving behavior causes a concrete hazard state and the whether perpetrator has indulged the occurrence of the concrete danger.