Study On The Identification Of The Drunken Dangerous Driving Crime And The Application Of Penalty

Since the establishment of "dangerous driving crime" in the eighth amendment to the criminal law,in the era of automobile and the environment of high-pressure punishment of drunk driving,there are more and more documents on the study of dangerous driving crime,especially the drunken dangerous driving crime.The academic community’s cognition of the drunken dangerous driving crime is constantly in-depth,and the judicial practice is increasingly detailed.At the same time,with the development of science and technology and social progress,such as the emergence of new things such as drones,driverless vehicles,large-scale community with public attributes,the identification on elements of the crime of drunk dangerous driving and the application of penalties have put forward new challenges.Based on the emergence of the above-mentioned new situation,this paper,aiming to enhance the fairness and operability of judicial practice,uses the research methods of thinking experiment,case analysis and mathematical methods,and through the multi-part structure,expounds the necessity of the crime of drunk dangerous driving from the six aspects of motor vehicle,drunk,driving,road,driverless,and the identification boundary with other crimes This paper analyzes and studies the application of punishment in the crime of drunk dangerous driving from the following four aspects: active compensation,probation application,time interval measurement of blood alcohol content,crime of escape and avoidance,and application of surrender.This paper is divided into three chapters,the first chapter mainly analyzes the elements of the crime of drunk dangerous driving.For example,the new electric vehicle specification still does not solve the problem of whether the "intermediate vehicle" is a motor vehicle or a non-motor vehicle.It is suggested that "the ban should be replaced by the regulation" and separate legislation should be carried out in areas where conditions permit.In addition,the author suggests that the punishment system of drunk driving can learn from the methods of some countries and use social pressure to urge drunk drivers to give up high-risk behaviors.In the past,the discussion of driving elements has not been analyzed from the driving action itself.In this paper,the concept of human factor engineering is used to analyze the driving behavior.In addition,there are new types of drunk driving behaviors in society,such as drunk driving drones,drunk driving driverless cars and so on.This paper uses the method of factor identification to analyze.The second chapter mainly analyzes the difference and boundary between the crime of drunk dangerous driving and the crime of traffic accident,the crime of endangering public safety by dangerous means,the crime of intentional homicide and the crime of intentional injury.In order to explore the new cases in recent years,this paper analyzes the boundaries of drunk dangerous driving and other related crimes.In this paper,the four factor analysis method is used,especially in the case of secondary collision.According to the statistics of drunk dangerous driving cases in Beijing,the author finds that the probation application of similar cases in the same place is not uniform.The third chapter,through the establishment of the quantitative model of probation,forms an operational standard of punishment.In view of the problem of time interval driving,this paper discusses various situations in the form of exhaustive law,and lists the inquiry forms,hoping to be helpful to judicial practice.