A Comparative Study Of Criminal Penalties For Drunk Driving In China And South Korea

In 2011,the Criminal Law Amendment(8)included the crime of dangerous driving in our criminal law for the first time.This is the most powerful means to regulate drunken driving behavior and reduce traffic accidents.<Criminal Law Amendment(8)>,which includes drunken driving and chasing race driving into the crime of dangerous driving.And set the legal penalty of dangerous driving crime as criminal detention and fine.The Amendment of Criminal Law(9)in 2015 further refines the criminalization of dangerous driving,which shows that our country pays more and more attention to the crime of dangerous driving.However,the criminal legislation on drunken driving in the crime of dangerous driving still exists in our country.A deficiency.For example,the standard of conviction is high,the setting of legal penalty is lighter,the circumstances of sentencing are vague,the intensity of punishment is small,etc.In contrast,South Korea has already committed the crime of drinking and driving.In the Road Traffic Law,drinking and driving are separately defined as the crime of drinking and driving,and those that do not cooperate with the testing of alcohol content are prescribed as the offence of drinking and determining.This kind of legislation technology of setting up the crime of drinking and driving behavior alone is worthy of our country' s reference.The conviction standard of the crime of drinking and driving in South Korea is lower,the legal penalty is set higher,the content of the sentencing circumstances is more detailed and specific,and the punishment intensity is larger than that of our country.In this paper,we discuss drunken driving in China and South Korea.This paper compares the criminal legislation of driving behavior with that of drinking and driving,and puts forward some suggestions on the criminal legislation of drunken driving in China.This thesis consists of six chapters.The first chapter is the introduction,that is,the purpose and significance of the research,research content and scope,research methods and ideas.The second chapter firstly defines drunken and drunken driving behavior,then analyzes the significance of drunken driving behavior, which provides a theoretical basis for the writing of the thesis.The third chapter discusses the related criminal legislation of drunk driving behavior in China.Based on the provisions of "Criminal Law Amendment(8)" and "opinions on legal issues applicable to handling drunken driving vehicle Criminal cases"(hereinafter referred to as "opinions"),this paper analyzes the evolution of criminal legislation on drunken driving behavior in China.Legal penalty and sentencing circumstances,summed up The deficiency of drunken driving behavior in China.The fourth chapter discusses the relevant criminal legislation of the crime of drinking and driving in Korea.After analyzing the relevant legislative evolution of the crime of drinking and driving in Korea,the relevant provisions of the "Road Traffic Law" concerning the crime of drinking and driving and the crime of determining the crime of not to drink are mainly used to analyze the legal penalty and the circumstances of sentencing.Summed up the Korean drinking and driving crime of the advanced.The fifth chapter is a comparative study on the criminal legislation of drunken driving and drinking driving between China and South Korea.From the legislative technology,statutory punishment,sentencing circumstances and other aspects of comparison.The sixth chapter is to the Chinese drunk driving behavior related criminal legislation puts forward the suggestion.Put forward the addition of alcohol determination It is necessary to improve the legal penalty of drunken driving and to refine the specific circumstances of sentencing.