On the Crime of Dangerous Driving
Wang Zhixiang dunning
As far as the establishment conditions of the crime of dangerous driving are concerned, the actor should subjectively realize that he is driving a motor vehicle to chase the race.
Driving or drunk driving a motor vehicle but still carrying out the act has met the subjective and intentional conditions of this crime. When judging driving a motor vehicle after drinking,
Whether an act constitutes a crime of dangerous driving should still be limited by the proviso of Article 13 of the Criminal Law. Judging from bad plot and drunkenness
Attention should be paid to the coordination and unity of subjective and objective standards.
Keywords: dangerous driving crime establishment standard abstract dangerous crime
With the adoption of the Criminal Law Amendment (VIII), the crime of dangerous driving, as an independent crime, has been formally incorporated into China's criminal code.
Many disputes about whether dangerous driving behaviors such as racing should be convicted seem to have been settled. However, the thinking about the crime of dangerous driving is far from it.
Stop. This paper intends to discuss the establishment conditions and standards of the crime of dangerous driving in order to benefit the judicial application of the crime.
First, the necessary premise of the nature of dangerous driving crime
The conditions and standards for the establishment of a crime are often directly related to the nature of the crime. Therefore, the establishment conditions and standards of the crime of dangerous driving are discussed.
The premise is to accurately identify the nature of the crime of dangerous driving. On this issue, some commentators believe that the crime of dangerous driving was set before the legal interests appeared.
Criminal law intervenes in the early stage of the actual infringed constitutive elements, and avoids the result of infringing on legal interests through criminal punishment. Therefore, from
Theoretically, this is a legislative mode of dangerous crime. In a broad sense, the author does not object to the inclusion of dangerous driving crime in dangerous crimes.
Column. However, according to the different forms of crime, dangerous crimes can be further divided into concrete dangerous crimes and abstract dangerous crimes.
Type. Different types of dangerous crimes have different requirements for the establishment of crimes. Specific dangerous crime refers to the equipment that infringes on legal interests.
A crime with physical danger as its constitutive element. The abstract dangerous crime is considered to be in danger of infringing on legal interests in the general concept of society.
Crimes stipulated after behavior typing. The abstract danger here only provides a theoretical basis for legislators to set the so-called abstract dangerous crime.
According to unrealistic and imagined dangers. This kind of danger is implied by the behavior that constitutes the elements, not the realistic state caused by the behavior. place
Therefore, when identifying abstract dangerous crime, once the behavior of constitutive elements is implemented, it means that the existence of abstract danger can be inferred.
Judging from the specific provisions on the crime of dangerous driving in Article 22 (8) of the Criminal Law Amendment 1, on the one hand, in the design of crime, driving maneuver
The two behaviors, chasing cars and driving while drunk driving, clearly typify the driving behavior that is considered dangerous by the general concept of society.
The later provisions did not explicitly require that the implementation of these two types of acts would be enough to form a realistic and specific danger to a certain legal interest; the same
At that time, the article did not further stipulate the consequential offense of dangerous driving crime; On the other hand, in the distribution of punishment, legislators are still worried about this crime.
Punishing criminal detention and concurrently imposing a fine is the lightest statutory punishment in the specific provisions of criminal law. All these characteristics are obviously different from the specific dangers stipulated in our criminal law.
Forty nine
On the Crime of Dangerous Driving (7) 1
The nature of the so-called dangerous driving crime is also the question of what kind of crime the dangerous driving crime belongs to.
Dai Youju: On the Crime of Dangerous Driving: An Interpretation of Article 22 of the Criminal Law of People's Republic of China (PRC) and the Eighth Amendment to the Criminal Law, China Journal of Criminal Law,No. 1 1.
[Japan] Otani Shinshu: General Introduction to Criminal Law Lectures (2nd Edition), translated by Li Hong, Renmin University of China Press, 2008, p. 1 15.
The same notes.
Wang Zhixiang: Research on Dangerous Offenders, People's Public Security University Press of China, 2004, p. 142.
Legal way of dangerous crime
Therefore, this crime should undoubtedly belong to the abstract dangerous crime. Therefore, the discussion on the establishment conditions of this crime must be based on its abstraction.
According to the nature of dangerous crime.
Second, the conditions for the establishment of dangerous driving crime
The conditions for the establishment of the crime of dangerous driving are the constituent elements needed to constitute the crime of dangerous driving. In view of the subject of dangerous driving crime and
It is not difficult to identify the objective elements, so this article is omitted and focuses on the subjective and objective aspects of this crime.
(A) the subjective aspects of the crime of dangerous driving
The subjective aspect of the crime of dangerous driving is intentional, which is not controversial at present. However, because this crime belongs to abstract danger in nature.
Therefore, the understanding of the content of this crime is still controversial. As far as subjective and intentional understanding of content is concerned, establishment is dangerous.
There are different views on whether the intentional dangerous crime needs to be aware of the danger. The first view is that whether it is specific or not.
Whether it is a dangerous crime or an abstract dangerous crime, it is not necessary to have an understanding of danger. The second view is that the danger in the specific dangerous crime is an indispensable part.
Elements, so you need to know, and the danger in the abstract dangerous crime is a fictional danger, so you don't need to know. The third view is that no matter
Whether it is a specific dangerous crime or an abstract dangerous crime, it is necessary to have an understanding of danger. It is generally believed that the first view ignores the specific dangerous crimes.
The danger is the constituent element, so it is hard to say that it is correct. The second view has long been a cliche in Japan. But now many scholars think that abstraction.
Dangerous crime is not a formal crime but a substantive crime, so the existence of danger is not fiction but also the content of constitutive elements, so the third theory is advocated.
The author believes that the second view is correct. In the abstract dangerous crime, the so-called abstract danger is not so much caused by some behavior,
It is the inherent attribute of a certain behavior, that is, danger is the nature and characteristic of this behavior. Therefore, as long as the actor realizes
This kind of behavior will inevitably expose the dangers involved. Similarly, as long as the actor can recognize this behavior subjectively.
Naturally, it must be able to recognize the dangers involved at the same time. Accordingly, abstract dangerous crime is basically equivalent to China's criminal law theory.
Behavior crime. As far as the crime of dangerous driving is concerned, as long as the actor can subjectively realize that he is driving a motor vehicle to chase after racing or drunk driving.
Driving a motor vehicle is still going on, which has met the conditions of subjective intention of this crime. In addition, it also requires that the actor must realize the so-called
Abstract danger is not only unnecessary, but also difficult to prove whether the actor is aware of abstract danger in judicial practice.
In judicial practice, the characterization of overnight drunk driving involves a specific understanding of the subjective aspect of dangerous driving crime. Become famous overnight in the field of drunk driving
So, the actor was drunk the day before but didn't drive a motor vehicle, and he drove a motor vehicle the next day after a lapse of one night, but he was still found to belong to.
Drunk driving a motor vehicle. In this regard, some people think that, generally speaking, in the case of drunk driving for the night, motor vehicle drivers do not realize that they are.
Drunk drivers should not be investigated for criminal responsibility for dangerous driving, otherwise they will be suspected of being objectively blamed. However, if the driver knows that he is still there,
Anyone who insists on driving a vehicle after being drunk shall be investigated for criminal responsibility for dangerous driving.
This view is to examine the definition of overnight drunk driving behavior.
When it comes to sex, it is more appropriate to reasonably distinguish the different subjective situations of the actors. In China, many food or beverage manufacturers
In order to make its products more delicious and unique, a certain amount of alcohol or alcoholic products are added to the products. In this case, if there is no
Clear signs inform consumers that they drive a motor vehicle after eating and drinking, because the actor eats without knowing it.
Or drank food or drink containing alcohol, so it can't be concluded that he still insists on driving while knowing that he is drunk.
50
(7) 2 China Journal of Criminal Law No.7, 20 1 1.
While the criminal law of our country stipulates the specific dangerous crime, it generally stipulates the actual perpetrator of the crime accordingly, and most of them indicate the specific dangerous state without serious consequences. In some crimes,
It further shows the concreteness and reality of the dangerous state by stipulating that it is enough to make it dangerous. At the same time, for specific dangerous crimes, China's criminal law is generally configured for more than three years.
/kloc-fixed-term imprisonment of less than 0/0 years and other statutory heavy penalties to highlight the deterrent and preventive effects of punishment on such crimes. For the above features, please refer to the Criminal LawNo. 1 14.
Specific provisions in articles 1 19 and 123.
Even according to the theoretical system of three-level criminal law advocated by some domestic scholars (conformity, illegality and responsibility), the discussion on the establishment conditions of dangerous driving crime is still the focus.
Analysis and judgment of its objective behavior and subjective responsibility form. At the same time, in view of the unfinished forms of this crime, such as preparation, attempted, etc., criminal punishment is generally not given, so this article is dangerous.
The discussion on the establishment conditions of driving crime revolves around the accomplished level.
Chen Jialin: General Theory of Foreign Criminal Law, China People's Public Security University Press, 2009, page 2 16.
There is no difference between specific dangerous crime and consequential crime. Therefore, according to the different relations between behavioral crime and consequential crime, we can distinguish behavioral crime and consequential crime, and we can classify all categories of basic crime.
There is no doubt that it is a summary type. See Wang Zhixiang: Research on Dangerous Offenders, China People's Public Security University Press, 2004, p. 163.
Hong: Principles of Judicial Determination and Criminal Handling of Dangerous Driving Crime, in Procuratorial Daily 20 1 1 03 18.
Zhao Bingzhi, editor-in-chief: Understanding and Application of Criminal Law Amendment (VIII), China Legal Publishing House, 20 1 1, p.19.
The behavior of moving a train cannot be punished as dangerous driving. In this regard, scholars in Taiwan Province Province also pointed out that drivers may not know the alcohol they are breathing.
If the essence content exceeds the standard value, it belongs to negligent drunk driving and does not constitute a crime. For example, the alcohol content of mouthwash is very high, which is said to be four times that of beer.
Yu. Suppose the driver uses mouthwash a lot before driving, and the alcohol content in his breath may exceed the standard, but he is punished because of his subjective negligence.
The law does not interfere. After ducks are full, their blood may also contain strong alcohol. If you encounter a road test while driving, you may fail. driver
People probably don't know that they are drunk driving, subjectively because of negligence, and theoretically they can't be punished.
(B) the objective aspects of the crime of dangerous driving
According to 1 in Article 22 of the Criminal Law Amendment (VIII), the objective aspect of the crime of dangerous driving shows two kinds of behaviors: one is
Driving a motor vehicle to chase and race on the road, and the circumstances are bad; The other is drunk driving a motor vehicle on the road. Therefore, for dangerous driving
The key to correctly identify the objective elements of crime lies in the accurate explanation of these two kinds of behaviors. Among them, we must focus on solving the following problems:
1. Understanding of roads
Some scholars believe that the word highway is not used in this paper, which proves that the pursuit of racing behavior is not necessarily limited to the usual streets, highways and expressways.
Roads and so on. As long as unspecified people and cars can pass, it can be included in the category of roads. The author believes that with China's Tao
With the rapid development of road traffic, the types and forms of roads have also increased, so it is reasonable to understand the moderate expansion of roads. but
However, due to the fact that this crime belongs to the crime of endangering public security after all, the road cannot be expanded too much due to the limitation of the object nature of this crime.
Understand. For those remote and inaccessible rural sections, although they are not specific to people and cars in nature.
Road section, but whether the behavior of chasing racing or drunk driving on it must have the nature of endangering public safety is not without doubt.
Yes Accordingly, the author believes that the road specified in this paragraph should be understood in accordance with the provisions of Article 1 19 of the Road Traffic Safety Law, that is, here.
Roads should refer to expressways, urban roads and places where social motor vehicles are allowed to pass, including squares and public parking lots.
Fields and other places used for public transportation.
2. Identification of motor vehicles
According to Article 1 19 of the Road Traffic Safety Law, a motor vehicle refers to a person who is driven or towed by a power plant and runs on the road.
Wheeled vehicle used by crew to transport goods and perform special engineering operations. Although in practice, people often (especially the so-called
Motorcyclists will modify or transform some motor vehicles to a certain extent, but as long as they still have motor vehicles stipulated by law in nature.
The relevant basic characteristics will not affect that it is still recognized as a motor vehicle.
3. The identification of chasing races.
Chasing racing is the so-called racing car, which refers to chasing other vehicles in the same industry on the road as the competition goal. Its concrete
The situation includes the time trial of cars driving on the road, chasing each other when several cars are driving at the same time, and so on, including chasing over the speed limit.
Race-by-race driving also includes racing driving that does not exceed the limit speed.
At the same time, we should also pay attention to the fact that chasing cars does not mean driving at high speed.
High-speed dangerous driving behavior does not necessarily have the characteristics of chasing racing, and can be completed alone without chasing the racing object; And chase
Driving in a race requires more than one chasing target, and it doesn't matter whether there is prior contact between drivers. Accordingly, Datong
Race-by-race driving may occur when two or more people contact and chase each other in advance, or when two or more people are not in contact.
In the case of intentional contact and chasing each other for racing, it may also happen when pedestrians chase each other unilaterally for racing. In the first type,
In this case, the behavior of all parties belongs to chasing and racing. If the actions of all parties constitute the crime of dangerous driving, they shall be investigated according to the principle of * * * same crime.
Criminal responsibility. In the second case, the behavior of all parties also belongs to the pursuit of racing, but due to the lack of meaning contact, the behavior of all parties constitutes
In the case of dangerous driving crime, a joint crime cannot be established, and all parties should be investigated for criminal responsibility for a separate crime. In the third case, other
The driver doesn't realize that the actor is competing with him, so his behavior doesn't belong to chasing and racing, only the actor's behavior belongs to it.
Pursuit of racing. In addition, the pursuit of racing must reach the level of bad circumstances before it can be treated as a crime.
5 1
Analysis on the Crime of Dangerous Driving (7) 3
Lin Dongmao: Introduction to Criminal Law (Revised 5th Edition), Renmin University of China Press, 2009, p. 39 1- 392.
Mo Hongxian and Yang Wenbo: The specific determination of the crime of dangerous driving in the Criminal Law Amendment (VIII), published in Procuratorate Daily 2011March 14.
Criminal Law Office of the National People's Congress Standing Committee (NPCSC) Law Commission: Description of the provisions, legislative reasons and relevant provisions of the Criminal Law Amendment (VIII) of People's Republic of China (PRC), Peking University Publishing House 20 1 1.
Edition, page 72.
The same notes.
4. Identification of drunk driving motor vehicles
Drunk driving a motor vehicle is the behavior of the actor driving a motor vehicle in a drunken state. The key to identifying this behavior is confirmation.
The next two points: first, the actor is in a state of drunkenness; Second, the actor must have carried out driving behavior. And the so-called driving behavior is behavior.
The act of starting and running a motor vehicle. Therefore, the actor is drunk when he drives a motor vehicle after drinking alcohol and is not drunk.
Alcohol enters the cab of a motor vehicle, but as long as the motor vehicle is not started or the motor vehicle is started but not running, it cannot be identified.
Be classified as a drunk driving motor vehicle.
In addition, because 1 in Article 22 of the Criminal Law Amendment (VIII) does not provide any restrictions on drunk driving of motor vehicles.
Therefore, it is doubtful whether all drunk driving of motor vehicles should be treated as crimes in judicial practice. In this regard, one
It is generally believed that drunk driving constitutes a crime and does not require any other conditions.
However, there is a view that it is impossible to act completely without danger.
Establish this crime. For example, drunk driving a motor vehicle on a wilderness road without vehicles and pedestrians should not be considered as this crime because there is no abstract danger.
Punishment.
Justice Zhang Jun, Vice-President of the Supreme People's Court, said on May 1 10 at the symposium on criminal trial work of national courts.
When investigating the criminal responsibility of drunk driving a motor vehicle, local courts should be cautious and cautious, and can't just understand the amendment to the criminal law literally.
(8) It is stipulated that driving a motor vehicle while drunk constitutes a criminal offence. That is to say, although the criminal law amendment
(eight) when investigating the criminal responsibility of drunk driving a motor vehicle, there is no clear prerequisite for serious or bad circumstances, but according to the punishment.
According to the principle stipulated in Article 13 of the General Principles of Civil Law, if the circumstances endangering social behavior are obvious and slight, it is not considered as a crime. Yeah, drunk driving on the road.
If the behavior of motor vehicles needs to be investigated for criminal responsibility, attention should be paid to the connection with administrative punishment to prevent the behavior that can be punished according to the Road Traffic Safety Law.
Go directly to the court for criminal responsibility.
Justice Zhang Jun's speech aroused heated discussion in the society. Some commentators believe that this is an obvious fact in the Criminal Law Amendment (VIII).
In the specific provisions of this article, the penalty for drunk driving is: drunk driving a motor vehicle on the road, criminal detention, and fines. It doesn't matter.
The prefix of serious or bad circumstances, that is, according to the specific provisions of the eighth amendment to the Criminal Law, there is no exception to drunk driving.
Yes Drunk driving itself has been considered by legislators to be very harmful to society, otherwise there is no need to add the crime of dangerous driving. If some bases
If Zhang Jun, vice president of the people's court, handles drunk driving cases, how much freedom will there be between crime and non-crime? In other words,
How much rent-seeking space power will have is simple. The so-called harmful social behavior is obviously minor, and the harm is not great. In many cases, only through trial.
In a word, the judge made a judgment. From this perspective, many people worry that drunk driving may not necessarily lead to the existence of extra-legal privileges, which will make them rich and powerful.
It's not unreasonable to get off easily. In order to eliminate the negative influence of Vice President Zhang Jun's remarks, the Supreme People's Court should come forward to clarify as soon as possible.
Regarding all kinds of questions about drunk driving punishment, the official response will relieve people's worries and let drunk driving punishment return to the track of equality before the law.
Let's go If we don't correct it as soon as possible, drunk driving may soon become a bitter pill that we have to swallow. Some commentators pointed out that Zhang Jun
The views and reasons of the vice president are untenable. Amendment (8) of the Criminal Law stipulates that anyone who drives a motor vehicle on the road while drunk shall be detained and fined.
This provision has neither complicated sentence patterns nor vague words. According to the most common understanding, it can be explained clearly by literal interpretation.
It clearly tells us that the crime of drunk driving a motor vehicle has two kinds of punishment, the main punishment and the auxiliary punishment, which are relative certainty and punishment.
The court has no choice but to give a lighter punishment, that is, as long as drunk driving constitutes a crime, it will be sentenced to criminal detention and fined, and different circumstances can only affect.
The term of criminal detention and fines, but there is no light punishment (such as being sentenced to public surveillance), exemption from punishment (such as being exempted from criminal punishment) or heavy punishment (such as being sentenced to fixed-term imprisonment)
This possibility. The law is clear, how can we say that drunk driving does not necessarily constitute a crime? Xinhua Daily Telegraph published a signed comment.
According to the theory, if it is not unified, whether drunk driving is punished depends on the plot and consequences, so the so-called plot and consequences are very possible under the realistic national conditions.
Alienation into power and relationship, depending on the situation and consequences, is likely to be alienated into seeing power, whether the relationship is iron or not, and even seeing the temper of law enforcers.
Personality and good mood at that time, so those who have power, money and celebrities may become beneficiaries, I wonder if they will breed.
Fifty two
(7) 4 China Journal of Criminal Law No.2011No.7.
Criminal Law Office of the National People's Congress Standing Committee (NPCSC) Law Commission: Description of the provisions, legislative reasons and relevant provisions of the Criminal Law Amendment (VIII) of People's Republic of China (PRC), Peking University Publishing House 20 1 1.
Edition, page 72; Mo Hongxian and Yang Wenbo: "Specific Determination of Dangerous Driving Crime in Criminal Law Amendment (VIII)", published in Procuratorial Daily on March 20th11,14; Dai Youju: On the Crime of Dangerous Driving
Interpretation of Article 22 of People's Republic of China (PRC) Criminal Law Amendment (VIII), China Journal of Criminal Law,No. 1 1.
Zhang Mingkai: Dangerous driving crime and its relationship with related crimes, contained in Report of the People's Court 20 1 1 May11.
Zhang Weigang and Xie Xiaoxi: A Correct Understanding of the Constitutive Conditions of the Crime of Dangerous Driving, in Report of the People's Court 20 1 1 May11day.
Zhao Yong: Drunk driving doesn't necessarily make people dizzy, in Qilu Evening News 2011May 12.
Lu sheng: drunk driving should be punished, and it cannot be changed. Shanxi Evening News 2011May 12.
How much fraud, favoritism and drunk driving will greatly reduce the fairness. Justice is the first essence of law and justice, and its loss is obvious.
However, the consequences are much more serious than consuming more judicial costs.
Some scholars agree with Justice Zhang Jun's speech and think that Zhang Jun's statement is untenable in theory.
There is nothing wrong with the theory itself, which embodies the relationship between general provisions and specific provisions of criminal law and the relationship between criminal law and road traffic safety law.
Department. Article 13 of the General Principles of Criminal Law stipulates that if the circumstances are obvious, minor and harmless, it is not considered a crime. General principles are general.
Suitability, general principles should be considered when determining specific charges, so the statement of minor innocence is not only for drunk driving, but for
All charges. This reflects the characteristics of China's legal system. Some scholars believe that in China's current criminal law system, the crime of dangerous driving is a kind of
The slightest criminal act, if it has no other consequences and the circumstances are minor, can naturally be exempted from criminal punishment or suspended sentence.
If the decision is made, the procuratorial organ may also make a decision not to prosecute; As for acts that are obviously minor and harmless, they can be dealt with according to law.
Sin handling.
The author noticed that during the deliberation of the Eighth Draft of the Criminal Law Amendment, some members of the Standing Committee suggested that all drunk drivers should be punished.
The provisions of criminal responsibility may be too broad in practice, so it is suggested to increase restrictions such as serious circumstances. In this regard, the Ministry of Public Security and the Legislative Affairs Office of the State Council
After research by other departments, it is necessary to make drunk driving a motor vehicle on the road a crime, such as
If restrictive conditions such as serious circumstances are added, it is difficult to grasp in the specific implementation, and it is not conducive to preventing and punishing such criminal acts. Suggest keeping
Retain the provisions of the draft. However, in the end, the Eighth Amendment of the Criminal Law did not stipulate any situation of drunk driving a motor vehicle at the legislative level.
Restrictive conditions do not mean that this kind of behavior should be defined as a crime at the judicial level, nor should it be restricted in specific circumstances.
On the one hand, the proviso of article 13 of the criminal law clearly stipulates that if the circumstances are obviously minor, it is not considered a crime. The basis of this provision
This spirit lies in introducing quantitative factors into the concept of crime, limiting crime to acts with serious social harm, and thus separating from society.
Distinguish crimes from general illegal acts in terms of harmfulness, and exclude a large number of acts with only minor social harm from the criminal circle to limit them.
Scope of punishment in China's criminal law. The proviso of article 13 of the criminal law is a supplementary explanation of the degree of social harm of criminal acts, indicating that only society
Only when the harm reaches a serious level can it be recognized as a crime. It can be seen that if you can think that the social harm of a certain behavior has not reached the line.
To the extent that criminal responsibility should be investigated, the act should be excluded from the scope of crime. In other words, there is only a certain behavior.
Only when the social harm exceeds the degree of obvious and slight circumstances can the act be identified as a crime and dealt with in accordance with the provisions of the specific provisions.
Reason. For example, the statutory minimum penalty for robbery is 3 years, and the maximum penalty is death. In the actual identification, it is wrong to consider the specific situation and harm.
All robberies will be convicted and sentenced. The crime of dangerous driving can only be sentenced to six months of criminal detention, which is more than 400 crimes stipulated in the specific provisions of the criminal law.
The name is a kind of crime with light punishment, so it is undoubtedly more important to consider the specific circumstances and harmfulness when actually identifying it, and it cannot be used for all dangerous driving behaviors.
All were convicted and sentenced. As for whether drunk driving a motor vehicle constitutes a crime of dangerous driving, it cannot be punished according to the specific provisions of the criminal law.
There is no limit to the circumstances, and it is considered that the act is a crime and does not need to be bound by the proviso of Article 13 of the Criminal Law; According to the general provisions of the criminal law
The principle of guidance and restriction in the specific provisions of criminal law is still bound by the proviso of article 13 of criminal law when judging whether the act can be convicted.
Bind Accordingly, the behavior of drunk driving a motor vehicle with obvious circumstances and little harm should be ruled out according to law. Actually, I got drunk during practice.
The situation of drunk driving a motor vehicle is extremely complicated: some actors have received administrative or criminal punishment for drunk driving before,
Or although he has not received administrative or criminal punishment for drunk driving, there is evidence to prove that he has bad habits of drunk driving or is used to drunk driving.
State, some actors have been doing well, belonging to the first drunk driving; Some actors take the initiative to binge drink and insist on drunk driving afterwards, and some
The perpetrator was drunk under his persuasion, and later drunk driving because he couldn't find a driver; Some actors are among cars and pedestrians.
Drunk driving on the road for a long time, some actors drunk driving on the road for a short time, and vehicles and pedestrians are very rare; Some actors have caused
Accidents such as rear-end collision of vehicles occur from time to time, but some actors have not caused accidents; Some actors still have no regrets after arriving at the case, while others regret it too late.
Wait a minute. It can be seen that the same drunk driving and different situations threaten the public's safety, reflecting subjective malignancy and personal behavior.
There is a big difference in danger. Therefore, under the current circumstances, those drunk driving behaviors with obvious circumstances and little harm should not be considered as crimes.
53