Study On The Measurement And Punishment Of Drunk Driving Crime

In judicial practice,the problem of drunken driving cases is very prominent.It is mainly embodied in the following aspects: for drunk dangerous driving,the criminal penalty is hard to be strictly executed and the lesser punishment is excessively cautious;the circumstances of sentencing have different standards,and different judicial judges have different penalties for similar or same cases;the application of suspended sentence,exemption punishment,fine punishment and non-prosecution is very imbalance.The social harmfulness of drunk driving cases has its uncertainty.In judicial practice,it is necessary for us to focus on the justice of the case,and we should adopt corresponding measures based on different conditions within the scope of the law.Besides,defining the starting point of sentencing,determining the penalty factors and grasping the sentencing requirements should be combined in our criminal law.We also should adhere to the blood alcohol concentration as a standard and consider the subjective consciousness ability of drunk drivers including the individual driving ability,redefine drunken driving scale in criminal law and regulate other reasonable circumstances for sentencing.We should strictly restrict and set the applicable circumstances to establish a detailedstandard for suspended sentence and exemption punishment as well.Also,other treatment modes should be considered by the eligible criminals,and it should be connected with administrative penalty to let the highest judicial organ can provide the best case guidance.So that we can further improve the sentencing system,unify the judicial system and strengthen the judicial credibility.