An Empirical Study On The Sentencing Of Drunken Dangerous Driving Crime

With the gradual increase in the number of motor vehicles in China,the number of cases of drunken dangerous driving crime has leapt to the first place in the country,accounting for17.7 % of all cases in the country.The sentencing problem exposed by this crime is also prominent,which has attracted the attention and discussion of academia.Local judicial organs also actively explore the establishment of sentencing standards for the crime of drunken dangerous driving.However,throughout the country drunk driving cases,found that the courts in sentencing there are some problems.This paper mainly adopts the method of empirical research and case analysis.From the judgment of the crime of drunken dangerous driving in China from 2011 to 2019,1200 judgments are randomly selected as research samples,trying to find out the problems existing in the sentencing of the crime of drunken dangerous driving in China,and analyze its causes.Finally,the corresponding countermeasures are put forward.This paper is divided into five parts :The first part is the introduction.This part introduces the research purpose and significance of drunken dangerous driving crime,as well as the research status at home and abroad,sample selection and description.At present,the research content in China mainly focuses on whether drunk driving is always sentenced,the nature of the dangerous crime of drunk driving and the subjective aspects of the crime.The sentencing research of this crime mainly focuses on the analysis of the influencing factors of sentencing,the construction of sentencing model and the performance of sentencing problems.Foreign studies are mainly the legislative provisions of Germany,Japan,South Korea and the United States on drunk driving constituting a crime.The second part is the introduction of the crime of drunken dangerous driving sentencing.This part briefly introduces the basic connotation of sentencing of drunken driving crime and the legislative experience of drunken driving crime at home and abroad.The third part is the crime of drunken dangerous driving sentencing status and problem analysis.This part conducts an empirical investigation on 1200 samples of drunken dangerous driving crime,and analyzes the judgment,sentencing status and existing sentencing problems in the samples.The fourth part is drunk dangerous driving crime sentencing analysis of the reasons.This part mainly discusses the causes of the unbalanced sentencing of the crime of dangerous driving under the influence of alcohol culture and criminal policy,and analyzes the causes from two aspects.The fifth part is the perfect suggestion of the crime of drunken dangerous driving sentencing.Based on the analysis of the above problems and their causes,the author puts forward the corresponding improvement Suggestions,hoping to help alleviate the problems in the sentencing of drunken dangerous driving crime.