Sun Weiming Drunk Driving Case Analysis

In the criminal law theory and practice, two times of drunken driving accident caused significant casualties case shall be based on the crime of endangering public safety the conviction and punishment, there is still some controversy. Fault form of drunken driving accident case also because of different stages and different Case, behavior, and the difference form of sin is of decisive significance for the convict. Sun Weiming drunken driving accident case sparked social attention and controversy in judicial practice and theory, it is because of this. In this paper, abrief review of basic facts in Sun Weiming drunken accident case, prosecutors, defense and judicial organ to treat the case based on the different points of view, indirect intention and negligence of over confidence, distinguish the Supreme People’s court "about drunk driving crime applicable legal issues opinions" and Analysis on the fault to danger methods the crime of endangering public safety and traffic accident crime to compare three problems for the analysis of focus, in-depth analysis and discussion and put forward their own point of view: in the form of fault judgment,overconfdent negligence in understanding for cognition to the affiliated harm result of abstract possibility, will factor is the results show the opposition, has a reasonable basis to prevent dangerous results happen and objectively, the connotation of Sun Weiming’s subjective attitude and objective behavior conforms to the negligence of over confidence. The Supreme People’s court "about drunk driving application problems of criminal law" will be the two time the collision will be interpreted as having a laissez faire indirect intentional logically exist incomplete, the specific provisions of criminal law is in conflict with the occurrence of the harm, but also to the result or not to determine the behavior of human sin morphology, its interpretation has expanded to dangerous means to endanger public security crime qualitative treatment scope of drunken driving accident behavior, in violation of the statutory principle of crime. Sun Weiming is too confident mentality based on drunk driving, high speed exercise in stream of people, vehiclescrowded city traffic, for most people is not specific life, health and property has caused a serious damage consequence, their behavior also conforms to the negligence of the crime of endangering public safety and traffic accident crime two constitute the crime, should be in accordance with the special method is better than the ordinary method, weight method is better than the light the principle of the law of Sun Weiming, with traffic accident crime sentencing. The Sun Weiming case has sparked some thoughts in the case outside: the relationship between justice and media and media reports of criminal cases should be "degrees"; the existence of expanding application trend in the judicial practice of the crime of endangering public safety, causing damage to the principle of legality, regulation should be.