Study On Judicial Application Of Drunken Dangerous Driving Crime

After 12 years of development from the promulgation to the implementation of the drunk penalty,it not only protects the life and property safety of countless people,but also establishes the values of "don’t drink while driving,don’t drink and drive" in the hearts of the masses,and enrichis the judicial experience in dealing with such cases.However,through the comparative analysis of the relevant judgment cases,it is found that the judicial organs do not know how to apply the law or the application of the law is not accurate in dealing with the "overnight drunk","cure,save the drunk","moving the car drunk" and other cases,aiming at the above problems,and put forward the corresponding solutions.Besides the introduction,this thesis includes four parts:The first part takes the current situation of the crime of dangerous driving as the starting point,and then discusses the types of drunken behavior in the crime of dangerous driving.Taking "criminal behavior" as the classification standard,the drunken behavior is divided into general drunken type,overnight drunk type,cure the disease drunk type,moving the car drunk type,driverless drunk type and so on,and finally leads to the types to be discussed below.The second part introduces several cases of overnight drunkenness,and then makes a multi-angle analysis of cases of overnight drunkenness.Finally,it is clear that the subjective aspect of the perpetrators of overnight drunkenness is negligence,and the implementation of the behavior should not be regulated by criminal law,but should apply the punishment suggestion of "no punishment for the first violation" in Article33 of the "Administrative Punishment Law".The third part introduces several cases of curing diseases and saving drunkenness,and then makes a multi-angle analysis of cases of curing diseases and saving drunkenness.Finally,it is clear that the legal basis for the application of cases of curing diseases and saving human beings should be the provisions of Article21 of the Criminal Law of "emergency risk avoidance".But does not apply to the Criminal Law Article 133 one "detention",Article 72 "probation",article 37 "exemption from criminal punishment",article 13 "proviso" provided for the proposal.The fourth part introduces several cases of moving car drunk,and then makes a multi-angle analysis of moving car drunk cases.Finally,it makes clear that the procuratorate treats the three types of moving car drunk perpetrators in Table 5-3 as "relatively non-prosecution" treatment,and the court recommends that the two types of moving car drunk perpetrators in Table 5-4 be treated as "exempt from criminal punishment" treatment.