An Empirical Study On The Sentencing Of The Crime Of Drunk Driving

With the rapid development of social economy,people’s living standard is getting higher and higher.From solving the problem of food and clothing to pursuing a high-quality and efficient way of life,private cars have changed from high-end products to necessities of life.However,although owning a private car does bring some convenience to people’s life,there are also various social problems.For example: traffic accidents caused by drunk driving,personal safety problems of passengers and drivers of online car hailing,air pollution and so on.In particular,the vicious drunkenness and the serious consequences caused by racing in recent years,as well as the appalling murder of He Nan air stewardess taking online car hailing in 2018 and other events have aroused the warm attention and active discussion of all sectors of society.Although Article 133 of the eighth amendment to the criminal law explicitly brings the drunk driving behavior into the scope of the criminal law,and effectively attacks the rampant drunk driving behavior from the legal system,which plays a deterrent and warning role,but from the statistical data,the frequency of drunk driving dangerous driving behavior is still very high.Even on some well-known websites,there are relevant statistics that show that the crime rate of drunk driving has exceeded the number of cases with high traditional crime rate,such as theft and drug trafficking,and has become the largest crime in China.In this period of time after the implementation of drunk driving dangerous driving crime,due to the different understanding of the content of drunk driving dangerous driving crime in various courts,as well as the differences of each individual’s understanding of the law,legal literacy and their own character,etc.,so in the actual and specific judgments,there are inevitably different judgments,that is,the sentencing is not uniform Phenomenon,in legal terms,is what we call the imbalance of sentencing.This article mainly conducts a special empirical investigation on drunk driving dangerous driving cases.By comparing the judgments of the grass-roots courts in Beijing and Urumqi from 2017 to 2019 published on the judgment documents online,1000 judgments are selected as the sample data source.Through analysis,we can see whether there is no sentencing The phenomenon of equilibrium.From the aspects of factors affecting sentencing,that is,blood alcohol content,surrender plot,traffic accident,active compensation,acquirement of understanding and other dimensions,the results of sentencing,i.e.detention,probation,exemption from criminal punishment and fine punishment,are cross compared in the same dimension to analyze the data,and the final results are obtained Conclusion: there is a scene of unbalanced sentencing.And through the analysis and comparison,observe the trend of drunk driving problem sentencing deviation and sentencing practice in each region,analyze the reasons behind the phenomenon from several angles,and try to put forward their own suggestions,hoping to contribute a little to the standardization of sentencing and the balance of sentencing.