Study On The Sentencing Problem And Countermeasure Of Drunk Dangerous Driving Crime

In the history of Chinese civilization for thousands of years,wine culture has a long history.Alcohol culture has almost penetrated into various fields such as politics,education and social life,and has become a comprehensive carrier of Chinese morality,thought and culture.In modern society,drinking is not only a kind of etiquette,but also an important way of interpersonal communication.However,after drinking to a certain level,normal people will gradually produce a paralyzed cerebellar response,and begin to have slow thinking,weakened ability to act,and a decline in their ability to judge things.If you drive the vehicle at this time,it will inevitably pose a threat to public transportation and the personal and property safety of others.Although the "Criminal Law Amendment(8)" has already included drunk driving as a penalty,from the perspective of specific implementation,there are many problems and controversies in the theoretical and practical circles.The "Criminal Law Amendment(9)" and the relevant judicial interpretations issued by the two highs expand the types of dangerous driving crimes into four specific behaviors,and complete and supplement detailed and specific implementation plans.Although drunk driving has caused a certain decline in the number of related crimes and traffic safety problems,the overall number is still high.The work report of the Supreme People’s Procuratorate in 2020 pointed out that the crime of “drunk driving” has replaced the crime of theft as the first crime of criminal prosecution.Therefore,the related sentencing research issue for the crime of drunk-type dangerous driving is not a“mount on a dead horse”.This article takes 200 cases of drunken dangerous driving that have been concluded in Zhengzhou’s basic courts in 2020 as a sample,and makes an empirical study on the various problems that exist in the sentencing of the crime.The first part first introduces the related concepts involved in the crime of drunk driving dangerously,and then tells and sorts out the historical evolution of the crime,including the ancient prohibition of alcohol in my country and the development process of drinking and driving after the founding of New China.The second part analyzes the various data of the case in the research sample,summarizes the characteristics of the criminal subject and the final handling of the case,and then summarizes the actual considerations and influencing factors in the sentencing of the drunken dangerous driving crime,and concludes The characteristics and results of sentencing for drunk dangerous driving crime cases.In the third part,the author focuses on the problems in the sentencing of the crime of drunken dangerous driving in judicial practice,citing specific cases for comparison and analysis,and the specific manifestations are: the imbalance in criminal detention,fines,and probation,and consideration of the circumstances of sentencing by courts The standards vary,and the standards for conviction and impunity are not clear.The fourth part is to make a detailed analysis of the above-mentioned sentencing problems,and put forward relevant suggestions that can solve these problems in terms of penalty and sentencing configuration,standardized probation application,sentencing plot evaluation,conviction and exemption standards.