Study On The Accusation Of Drunken Dangerous Driving In The Criminal Law Or Not

The 2011 Criminal Law Amendment(8)stipulates the crime of dangerous driving,including drunk driving,and the drunk driving behavior has been curbed at the beginning of into criminal law.The number of cases has shown a downward trend,but over time,it is on the rise again,resulting in increased pressure on the judiciary.There are many phenomena in reality,such as drunk driving at late night on sparsely populated roads,and the driving distance is short,which has not caused serious results.Drinking in the night before the next morning was still found to be drunk.Driving in the community to move cars but was detected of drunk driving.It is questionable whether these cases should be uniformly recognized as a dangerous driving crime.Therefore,this article will study the issue of penalties for drunk driving behavior and explain the issues that should be paid attention to in the judicial application of the crime of drunk driving.The introduction part mainly elaborates the changes in the number of cases of drunken dangerous driving behaviors and there are some issues,such as the question of what conditions need to be judged in terms of penalties;whether the behavior of drunk driving a motor vehicle is subject to criminal punishment;how to understand the provisions of the crime of dangerous driving of "The Supreme People's Court's Guiding Opinions on Sentencing of Common Crimes(2)".The first chapter elaborates the consideration of the factors involved in the drunken dangerous driving behavior.First,it introduces the influence of drinking on the state of the perpetrator,and shows that the perpetrator does not have the ability to drive a motor vehicle under drunk state.Secondly,the concept of dangerous driving behavior will be explained,it will be clarified through three levels of restriction.Finally,from a practical perspective and a legal perspective,it explains how drunk dangerous driving behavior enters the criminal law.The second chapter mainly explains the conditions for the incrimination of dangerous driving behaviors.In practice,judging whether it constitutes the crime of dangerous driving requires combining the standards of drunkenness,roads,motor vehicles and driving behaviors.Therefore,it is necessary to clarify the above judgment standards,and explain the controversial issues arising therefrom and put forward corresponding judgment standards to provide convenience for judicial practice.The third chapter mainly explains the theoretical basis for the punishment of drunken dangerous driving behavior.First,it introduces the concept of punishment for drunken dangerous driving behavior,including not constituting a crime,constituting a crime but not prosecuted by the procuratorate,and constituting a crime but exempted from criminal punishment by the court and the crime constituted but the court announced the probation;secondly,the theoretical basis for the execution of drunken dangerous driving behavior is explained,mainly including affirmation and negation and the application of the two views.The forth chapter mainly lists the specific types of punishment for drunken dangerous driving behaviors,including crimes that do not constitute dangerous driving,crimes that constitute dangerous driving but relatively non-prosecution by the procuratorate,crimes that constitute dangerous driving but thecourt exempts criminals from criminal punishment and constitutes dangerous driving crime,but the court did not sentence the real sentence,and combined with the case in practice to explain whether the phenomenon of drunk driving late at night,overnight drunk driving,moving vehicles in the community,etc.was found to be a dangerous crime of drunkenness in practice,and probation,non-prosecution,etc.The factors to be considered are clarified,and finally the practices in various places are listed to further explain the types of punishment for drunk driving behaviors.