Study On The Sentencing Of Drunk Dangerous Driving

China is one of the four ancient civilizations.China’s five thousand years of civilization,China’s wine culture,can be traced back to prehistoric times.In China,wine is a courtesy and an attitude.Wine culture is one of China’s characteristic cultures.Since ancient times,the Northern Song Dynasty writer Hao Su’s "When is the moon,there is a question about the wine," is a sigh of the expression of the wine in the life;the poet Wang Wei of the Tang Dynasty More than a glass of wine,the West is out of the Yangguan uninhibited person" is the expression of the wine to express their disapproval to the friends;poetry Li Bai’s "life is full of joy,do not make the gold hollow to the moon" is promoted by wine expression The idea of being happy in time.In today’s society,wine has gradually become a rapport,a medium for expressing feelings,no wine,no wine,no wine.In the context of a large society,China’s unique wine culture has caused some people who are reluctant and fortunate to behave in an awkward manner,thus causing illegal behavior and even causing tragedies.It is well known that alcohol has a paralyzing effect,and after drinking,people become awkward,unresponsive,and have reduced ability to operate.Statistics show that the driver is drunk driving,the probability of accident is 15 times the usual,the driver with blood alcohol concentration between 0.02-0.05,the death rate in the car accident is higher than the death rate of the driver affected by alcohol Times,about 40%of fatal car accidents in the world are related to drunk driving.Since the "drunk driving into prison",after years of severe investigations and beatings,there are many people who are guilty of the wind,especially drunk driving,which is highly dangerous and easily causes serious accidents,which has aroused widespread concern in society.This paper starts with the connotation of drunk driving behavior,and deeply studies the legislative background,legislative purpose,theoretical basis and the development of relevant laws and regulations,so as to further investigate the current situation of drunken dangerous driving crime and the various variables affecting sentencing.Including: the method of quantitative criminal variables,discretionary quantitative variables,and objective sentencing variables for comprehensive analysis and research.At the same time,it analyzes the problem of theapplication of penalty in the judicial practice at the present stage and the root causes,and discusses the necessity of standardization of drunken driving crime and the process of standardizing sentencing.Finally,the author puts forward some suggestions on the reasonable standard of drunk driving,the reasonable penalty allocation system,and the establishment of a unified standardized sentencing mechanism.