Study On The Penalty Application Of Drunk-Driving Type Dangerous Driving Crime

In 2011,the 8^th criminal law amendment regulated and tightened drunk-driving type dangerous driving crime under the criminal law.In reality,it is because the illegal cost of drunk driving motor vehicles is too low before the crime,and in jurisprudence,it is because drunk driving motor vehicles has abstract danger off infringes on legal interests.After years of judicial practice,drive not drink has gradually become a social consensus,and the number of malignant traffic accidents caused by drunk driving has been greatly reduced.However,after data analysis,this paper concludes that the number of cases of drunk-driving type dangerous driving crime does not have a significant decline trend,but takes up a lot of judicial resources.This paper takes a regional procuratorate in Zhejiang province as a sample,analyzes the case acceptance,prosecution and judgment of drunk driving,and makes a systematic analysis of the problems existing in the penalty application of drunk-driving type dangerous driving crime.Legislators hope to protect the public safety and people’s lives and property by cracking down on drunk driving.However,the judicial practice of light punishment for drunk-driving motor vehicles,there are problems such as the high number of cases not match the original intention of drunk driving into the punishment,the wide application of probation has weakened judicial deterrent force,and the excessive non-prosecution cases waste of judicial resources.This is not only difficult to achieve the purpose of crime prevention,but also contributed to the disregard for the criminal law of the social atmosphere.This paper believes that the first main reason is that the penalty setting is light.Criminal detention for up to six months is not particularly appropriate for drunk-driving,which a criminal act that has great social harm and personal danger.The second reason is that the penalty discretion is reduced.Criminal detention penalties are mainly concentrated in one to three months,and have a lot of probation,which will make the punishment function of criminal law weaker.Third,the penalty execution is single.If the offender is sentenced to criminal detention with a suspension of execution,he does not lose his personal freedom.He only needs to report to the relevant authorities regularly.Whether such punishments make them truly repentant is hard to say.In the face of the above problems,this paper puts forward some suggestions on the penalty application of drunk-driving type dangerous driving Crime.First,the suggestion of penalty setting,which include reasonable establishment of the main penalty and qualification penalty;Second,the suggestion of penalty discretion.Make clear the conditions for probation:it is better to set the alcohol content below 120mg/100ml,but must except in nine cases.Third,the suggestions of penalty execution,which include use restraining orders flexibly and explore the mechanism of assistance and education.