An Empirical Study On The Sentencing Of Drunk Driving Crime

The drunk driving crime presents a frequent and frequent state in reality,but the statutory penalty configuration of this crime only maintains the "detention and punishment" provisions,and the relevant judicial interpretations do not distinguish different sentencing for different situations.Grade,judges have greater discretion.Therefore,in practice this crime is prone to irregular penalties and uneven penalties.In this regard,the article conducts an empirical analysis of 500 random sampling judgments of the crime in Hebei Province in the past year.Based on the results of the empirical analysis,it points out the problems in sentencing of the crime and proposes relevant suggestions to improve the standardization of sentencing of the crime.This article first analyzes the basic application and influencing factors of detention and penalties for drunk driving crime,and concludes that most of the detention sentences for this crime are less than 3 months,and the fines are mostly less than 5,000 yuan.There is a positive correlation between blood alcohol content;in addition to blood alcohol content,confession and motor vehicle driver's license factors have a significant effect on the sentence of detention,confession,loss,and victim understanding factors have a significant impact on the amount of fines.After analyzing the basic application and influencing factors of probation and exemption from criminal punishment for drunk driving crime,the conclusion is that the probation rate of this crime is high and the exemption rate is low.The factors that have a significant impact on the application of probation are blood.Alcohol content,motor vehicle driver's license,criminal record,confession and confession,responsibility,victim's understanding;the circumstances in which exemption from criminal punishment is applicable vary widely.Based on the above research and analysis,it is concluded that in the current stage of sentencing of drunk driving and dangerous driving crimes,there are mainly problems suchas imbalanced application of detention and fines,irregular application of probation,incomplete evaluation of criminal circumstances,and unknown criteria for exemption from criminal punishment.And put forward corresponding improvement suggestions: First,the precise sentencing standards are defined,and the blood alcohol content is taken as the benchmark fact,and the benchmark sentence is calculated using the predictive value method.The second is to regulate the common sentencing circumstances.The prescribed sentencing circumstances determine the scope of application,and provide principled provisions for non-normal sentencing situations;the third is to standardize the application of probation,clarify the order of probation and detention,and define the probation criteria;the fourth is to establish standards for exemption from criminal punishment When punishing,it is necessary to consider not only the "mild crime",that is,its social harm,but also whether "there is no need to impose a penalty",that is,its personal danger.