Thinking On The Judicial Practice Of Intoxicated Driving Into Punishment

“Drunk driving a motor vehicle” is one of the dangerous driving crimes.In judicial practice,there is no controversy about the characteristics of motor vehicles in automobiles,but the over-standard electric vehicles are characterized as motor vehicles,and the drunken driving over-standard electric vehicles are included in the dangerous driving crimes.The practice of public inspection organs throughout the country is different.Under normal circumstances,the drunkenness of driving an over-standard electric vehicle is less harmful and there is no need for criminal punishment.At present,it is inappropriate and unrealistic to treat drunken driving over-standard electric vehicles in accordance with the crime of dangerous driving.This paper presents the notion of drunken driving over-standard electric vehicles.First of all,the current laws and regulations do not clearly stipulate that over-standard electric vehicles belong to motor vehicles,and the identification of vehicle attributes for over-standard electric vehicles is not standardized.Secondly,from the legal analysis of laws,it is not in line with the criminal law of China to criminalize drunk driving over-standard electric vehicles.In principle,its legal infringement does not meet the criteria for conviction;in addition,from the sociological analysis of law,the social harm caused by drunk driving over-standard electric vehicles is low,and the public does not know the vehicle attributes of over-standard electric vehicles.Intoxication driving excessive electric vehicles will increase the cost of social management.Finally,on the basis of decriminalization,it seeks to improve and solve the effective countermeasures of the social management problem of drunk driving and exceeding the standard electric vehicle.