| Guidance on Imposing Penalty for Common Crimes(II)formulated by the Supreme People’s Court provides a more clear basis for the exemption of dangerous driving with slight drunk in China.Under the guidance,different standards of punishment exemption are developed successively in each place,leading to quite a difference in punishment exemption among the courts in each place.Moreover,it even appears the inaccurate and partial determination of exemption from punishment,forming different sentences in the same case,heavier sentences for misdemeanors or lighter sentences for felonies,etc.In seeking to protect the legal rights and interests of the drunk driver and safeguard the judicial credibility by law,it is necessary to study and perfect the exemption of punishment for minor drunk driving.The paper is an empirical study of 100 cases of judgment on the exemption from punishment for the crime of dangerous driving with slight drunk collected by China Judgment Document Network.Firstly,it analyzes the driving exemption cases with mild drunk from two aspects: the basic characteristics of subjects and the distribution of drunk alcohol content.The general causes of these cases are summarized from the reasoning part of the collected judgments,and the six special situations in judicial practice are explained.Secondly,through the reasoning part of the judgment on the exemption of driving with slight drunk,it refines the consideration plot of the exemption of driving with slight drunk,lists crucial factors and makes corresponding legal analysis on the basis of different views of various factors and the handling of cases in academics,and judges the relevant factors that affect the exemption of drunk-driving punishment under justice.Finally,from the sample of the judgment,it discovers the dilemma in the judicial authority’s handling of the exemption cases with drunk driving,and puts forward suggestions based on the problems existing in the cases of exemption from punishment for slight drunk driving,thus promoting the handling of driving cases with slight drunk to be more standard and fair. |
