The Crime Of Drunk Driving Danigerous Drving And Its Judicial Reconition

Since "Drunk Driving" was convicted,due to the imperfect legislation and the theoretical debate,the judicial practice often adopts a referee attitude of avoiding complexity and easiness.This article will elaborate on the determination of this crime from five parts.In the first part,the author first demonstrated the judicial status of the crime by sorting out and analyzing a large number of adjudication documents for the crime;The second part is the definition of the relevant categories of the crime,including the understanding of the "public integrity" of the crime and the identification of the elements of the crime reflected in the judicial judgment,and explained the "drunk","motor vehicle","road","driving" systematically;The third part discusses the issue of the "abstract danger"of the crime,which is sorted out and demonstrated from the nature of the crime and the substantive judgment of the "abstract danger";The fourth part discusses the crime of this crime by combing and analyzing academic viewpoints,considers this crime to be an intentional crime,and specifically analyzes how to determine whether the behavior has an intentional problem under different types of intoxication and the impact of the determination of the crime on "overnight drunk driving" cases;The fifth part discusses the relationship between this crime and other crimes.