Research On The Conviction And Sentencing Of Heavy Results Caused By Drunk Driving

Along with the rapid development of China’s economy and society, motorvehicles and drivers has also obtained rapid growth, which causes great pressure ontransport and increases the risk of transporting. Accidents resulted from drunk driving,which do serious damage to people’s life, health and property at the same time, havebecome hot topic recently. Therefore, Amendment VIII to the Criminal Law of ThePeople’s Republic of China ascribes drunk driving as dangerous driving crime, whichwill take an active effect in punishing drunk driving and protecting people’s life.However, there are many cases of dangerous driving crime national wide which arosefrom drunk driving have been detained, prosecuted and even some cases related todrunk driving have been brought to trial. These cases,especially about how to applyjustice to deal with serious accidents caused by drunk driving, have increasingly arosepeople’s attention because the provisions of the criminal law do not perfect and thejudicial branch has not got the experience of handling such cases as well as thejudicial practice has not yet formed a unified, applicable standard. Therefore, on theconviction and sentencing to individual cases on the condition that a deep research onserious drunk driving will be carried out.Through analyzing the background and the present situation of the penalty ofdrunk driving, the article will put forward the solutions to the serious accidentsresulted from drunk driving. Then, the article will do a thorough research centered onthese phenomena so as to make sure apply these solutions into the juridical practicecorrectly.This article mainly exercises the principle of correspondence betweensubjectivity and objectivity of the Criminal law to do applicable research on seriousaccidents resulted from drunk driving. The principle will avoid the inadequatesubjective culpability or objective culpability and solve the problem on judicialapplication on serious accidents resulted from drunk driving.The article will research on the conviction and sentencing of the serious accidents resulted from drunk driving from the following three aspects. The first partof the article deals with the form and quantity of crime of serious accidents resultedfrom drunk driving. In this part, research significance of the form and quantity ofcrime will be analyzed, especially about a serious accident resulted from drunkdriving and continuous accident resulted from drunk driving. The second part of thearticle does research on conviction and sentencing resulted from drunk driving. Thereare four types of serious accidents resulted from drunk driving: negligent type,intentional type, continuous type and hit-and run type. According to the principle ofthe correspondence between subjectivity and objectivity of the criminal law, thearticle will analyze in depth of the crime related to the four serious accidents resultedfrom drunk driving respectively and ultimately the charges shall be convicted andpunished.(1)Research on negligent type includes research on severe wound andminor wound resulted from drunk driving.(2) Research on intentional type includesresearch on the crime of endangering public safety using the dangerous approach, thecrime of the intentional killing and the crime of intentional injury resulted from drunkdriving.(3) Research on continuous type includes research on causing serious resultsand managing to cause serious results caused by drunk driving.(4) Research onhit-and-run type includes research on the problems about how to decide thequalitative behavior of escaping and how to convict and sentence the escaping whichhas induced casualties and how to convict and sentence other crime of intention.The third part focuses the research on the accomplice. Through the analysis ofthe common crime concept, the article will do research on the accomplice so that itcan clarify the advantages and disadvantages of the current judicial interpretation.Based on the comprehensive analysis, the author hopes the conviction andsentencing has a good guide on accidents resulted from drunk driving.