The Judicial Application Dilemma Of Drunken Type Dangerous Driving Crime And Its Countermeasures

Drunk driving has been sentenced for more than ten years,and in recent years,the number of dangerous driving crimes has exceeded the crime of theft,becoming the most prosecuted crime in China’s criminal law,and more than 300,000 people are sentenced for drunk driving every year.Although cracking down on drunken type dangerous driving crime can reduce the incidence of traffic accidents,maintain public transportation order,and protect the safety of people’s lives and property,it also brings a series of problems,such as pressure on social governance,imbalance in the allocation of judicial resources,and the test of judicial authority.At present,the threshold for the crime of drunk driving is very low,and the perpetrator can be criminalized by driving a motor vehicle on the road and the blood alcohol content reaches80mg/100 ml,so it is expected that such a low threshold makes the crime of dangerous driving the crime the highest number of crimes.In view of the current severe situation that the number of dangerous driving crimes is at a high level,the method of exonerating can be used for drunk driving behaviors with significantly minor circumstances,and the non-prosecution system can be used for minor drunk driving behaviors,so as to reduce the number of drunk driving cases and thus solve the above dilemmas.In judicial practice,there are many cases in which the perpetrators are drunk and only move the parking space or drive in a relatively remote place,or drive for a period of time after getting drunk,or are seized by the police as soon as they start the vehicle,thus being convicted and punished.These acts are almost socially harmful and do not cause substantial harm.Criminalizing these acts would inevitably show that the criminal law is too harsh.As a specific provision of the general provisions of the Criminal Law,the proviso provisions should have a unified significance for the sub-provisions of the criminal law,so it is necessary to reasonably apply the proviso provisions to convict these acts.Even if the existing legal provisions cannot be used to exonerate the perpetrator of drunk driving,the perpetrator can be given a lenient punishment or even exempted from criminal punishment,if the perpetrator actively cooperates with the staff,sincerely admits guilt and repents,and does not cause actual harmful consequences,the perpetrator may be treated with relative non-prosecution.In judicial practice,it is possible to decide whether to impose criminal punishment on each person based on the principle of individualization of punishment based on his or her performance after drinking alcohol.In addition,the current scope of application of the conditional non-prosecution system is too narrow,and it can also be tried to apply it to drunk driving cases,and the perpetrators can be treated with conditional non-prosecution.