Research On The Judicial Application Of Drunken Driving Crime

In the nine years since drunk driving was sentenced,our country has achieved certain curbing effects in the management of drunk driving crime.However,the increase in the number of motor vehicles and the long history of "alcohol culture" have led to many drunk drivers.Many problems have been exposed in actual judicial practice.The following problems were found in the judicial application of drunk driving behavior after being sentenced,that is,the sentencing elements such as “motor vehicles” and“roads” have different standards,different judgment methods,disputes in the case,significant differences in probation rates,and alcohol content.Detect problems such as differences.In addition,since drunk driving behavior has been included in the scope of criminal regulations,the 2013 and 2017 Supreme Laws have issued sentencing opinions on this one after another.Different jurisdictions have chosen different standards of judicial practice,as well as academic and practical circles.The related disputes continue to exist,which just illustrates the need for continuous research and improvement of the governance of this crime.The research method of this article is that the author collects and organizes a large number of drunk driving data and related cases,sorts out and analyzes,uses the key cases to list and makes the corresponding legal analysis,so as to judge the problems in the judicial application,Combined with the different perspectives of the academic community and the focus of the dispute in the case.The research result of this article lies in the fact that this article chooses to start with the disputes over the existing standards for the identification of electric vehicles in the judicial practice process,analyzes the existing issues by legal analysis,and then puts forward corresponding suggestions for judicial application.For example,in the current "motor vehicle" and "road" identification standards,the scope of roads and motor vehicles should be clearly distinguished,and it should not be expanded at will.In the current new social situation and new development,the standards for "motor vehicles" and "roads" are identified.It should also keep pace with the times and vary from situation to situation.Try to reduce the judicial dilemma caused by the lag of the law as far as possible,so as to analyze the specific situation.Secondly,it is more objective to clarify the detection methods and standards of alcohol content and supplementary detection methods to determine the state of intoxication of the perpetrator.The uniform standard is also more suitable for solving the problems facing judicial application.By constructing a classification system for probation applications and other methods to balance sentencing,avoid the one-size-fits-all limitation of probation due to the alcohol content theory,and avoid the phenomenon of different sentences in the same case due to differences in the proportion of probation between regions.Punishment of criminal acts,safeguarding the deterrent power of criminal law,and giving suggestions and analysis on whether or not the provisions of the "provider" clause can be used to commit crimes,not only return to the original intention of legal legislation,but also allow the perpetrators to avoid the crime of leaving a criminal label due to petty crime Make a positive attempt.This article analyzes and explores the value of the application of Article 13 of the Criminal Law to the provisions of the proviso,with a view to providing more ideas for solving the predicament of drunk driving law in judicial practice.