Analysis Of The Criminal Law Of Drunken Driving

The research emphasis of this paper is about the offender drunken driving motor vehicle accident crime and the cognizance of crime number,based on "Song Mou drunken driving accident case" as an example,combining the related theory of criminal law knowledge,analysis the case of qualitative differences and crime number,sex presents some motor vehicle accident should be convicted of drunken driving.The paper is divided into five parts to analyze the argument.The total number of words is 20,000 words,which mainly includes the following contents:The first part is the introduction,which mainly introduces the theoretical significance,the value of the paper and the practical significance of the paper.The second part briefly introduced in this paper,the basic information of the cases involved,case analysis,sorting for the processing of the existing various opinions as well as the case of disputes,to later a basis for developing relevant criminal law theory analysis.The third part analyses the behavior of drunk driving in the theory of criminal law.Through the argumentation of this section,first of all,in this paper,after drunk driving and the behavior of the accident shall be involved in the introduction,through the analysis of different constitutive requirements of crime,to distinguish the boundaries of this crime and those SINS,concluded that the actor's subjective aspect is the key to distinguish troubled drunk driving behavior,and focuses on analyzing the actor's subjective aspect.Secondly,the author analyzes the situation of the drunken hit-and-run,elaborates the understanding of "at the same time" in article 133 of the criminal law,and analyzes the transformation and absorption of dangerous driving crime.Drunken hit and behavior types at the same time,the author divided into a full and two accident behavior and the onset of two or more times a segmented behavior,emphatically analyzed to drunken state after more than two and piecewise thus driving behavior,and it is concluded that the two above accident in the process of driving after drinking behavior to convict crime of endangering public security with dangerous method needed to meet the conditions.The fourth part of this paper to prove the conclusion of this kind of behavior,through the integrated use of criminal law theory knowledge,related to this article case behavior person the behavior of the alleged crime and crime number shall be identified.The fifth part is the inspiration and reflection of this case.Through the case study of the case,this kind of cases the correct conviction and sentencing of the opinion.At the same time,a moderate extension is made to the problems involved in the case,and the relevant judicial Suggestions are put forward,with a view to the more scientific and rigorous punishment for drunken driving.