Study On The Judicial Application Of "Drunk" Dangerous Driving Crime

Since the criminalization of legislation,the "drunken-type" dangerous driving crime has produced positive effects in the judicial application,but there have also been some problems to be solved.This article focuses on six aspects of the subjective sin form of "drunken-type" driving crime,the state of criminal cessation,the determination of joint crime,the criteria for "drunkenness",the conditions for probation,and the direct application of "the clause of proviso".The subjective sin of the drunken type of dangerous driving offence should be intentional,not including negligence;the "drunken" dangerous driving usually begins with the fact that the perpetrator has substantial control over the driving of the vehicle,but when it has not directly pointed to the public security legal interest,There is still the possibility of attempt;the blood alcohol concentration is an objective standard,but not the only criterion for determining the “drunken” standard;“drunken” dangerous driving has joint crimes,persuaders,fellow passengers,vehicle providers,and catering services.In certain circumstances,a joint crime can be established;the probation of the "drunken-type" dangerous driving offence should be treated according to the criminal policy of "tempering justice with mercy";the application of the article of the criminal law should be open.The attitude makes sin become normal.