Study On Conviction And Sentencing Of Drunken Dangerous Driving Crime

With the development of China’s economy and the continuous improvement of national living standards,motor vehicle ownership has been rising year by year and drunk driving cases have increased.The conviction and sentencing of drunken and dangerous driving in China plays an increasingly important role in the governance of criminal law.In the past,there was a great debate in the academic and practical circles about whether drunken dangerous driving should be criminalized,but in the end,the view that drunken driving should be criminalized and sentenced was widely accepted in judicial practice,and as long as the blood alcohol content of the perpetrator As long as the perpetrator’s blood alcohol content reaches the standard,he or she will be convicted and sentenced.The crime of dangerous driving has gradually become the first crime in China’s criminal law system in terms of number of cases.With the continuous development of society,the circumstances under which the crime of drunken dangerous driving is established have become more diverse,and many novel cases have arisen in practice,such as: whether the situation where the perpetrator is tested to have an alcohol concentration exceeding the standard while resting in the car after being drunk is considered drunk driving.In the face of such novel cases,scholars are increasingly aware that the hard and fast rules of "criminalizing drunk driving" are somewhat harsh.Therefore,it is important to discuss and study in depth the conviction and sentence of drunken dangerous driving.In this paper,the conviction and sentencing of drunken and dangerous driving is selected as the research content.Through the collection and study of relevant literature,we analyze the data of drunken driving cases in order to understand the current conviction and sentencing of drunken driving cases and to find out the controversial points in the conviction and sentencing of drunken dangerous driving crimes in judicial practice.On this basis,we propose suggestions for improving the conviction and sentencing of this offense,and provide reference for future research on drunken and dangerous driving.In addition to the introduction and conclusion,this article is divided into three parts:The first part is an analysis of the adjudication of drunken dangerous driving offenses,including both conviction and sentencing.In terms of case selection,in order to ensure authenticity,accuracy and randomness,this paper uses the criminal judgments of drunken dangerous driving offenses published from 2020-2022 in the Judgment Document Network as the scope of selection,which are randomly selected based on the year and administrative division of the judgment.The conviction situation is discussed from the objective wrongfulness and subjective responsibility of this crime,the identification of motor vehicle,the identification of road,the identification of driving behavior,the standard of drunkenness and the form of responsibility whether it is intentional or negligent.The sentencing situation is organized in terms of mitigating circumstances,aggravating circumstances,and the application of criminal law.The second part presents the current controversial points on the conviction and sentencing of drunken and dangerous driving offenses.Specifically,the controversial points on conviction include the following: First,the incrimination threshold standards vary from province to province and city to city.Although the criminal law provides for the standard of alcohol concentration to constitute the crime,the phenomenon of each province combining the provincial situation to increase the threshold of incrimination has emerged in judicial practice.Second,the abstract danger of judicial determination is not uniform.Drunken dangerous driving crime is a misdemeanor,the nature of this makes special circumstances need to judge the existence of abstract danger in a particular case,changing the previous practice of abstract danger need not be determined.The judge’s attitude towards the need for judgment will cause the abstract danger to be determined differently.Third,the "proviso" as the reason for the crime is controversial.The relationship between the general provisions of the criminal law and the provisions of the sub-rules is not clear,resulting in the application of the "proviso" to incriminate the views are not uniform.The controversy in sentencing mainly lies in the phenomenon of different sentences in the same case.In judicial practice,the application of the main sentence,additional sentence,probation and exemption from criminal punishment are uneven or inconsistent.The third part is to explore the perfection of the future conviction and sentencing of drunken dangerous driving based on the discussion of the controversial points on the adjudication and conviction of drunken dangerous driving in the first two parts.The improvement of the conviction includes raising and unifying the threshold of guilt;judging the existence of abstract danger in special cases;and criminalizing the offense from the perspective of criminal illegality.The improvement of sentencing includes the division of different degrees of penalty application standards;clarify the application of probation;clarify the application of exemption from criminal punishment.