The crime of dangerous driving is manifested in two situations: chasing racing, bad circumstances and drunk driving a motor vehicle on the road. According to the relevant provisions of China's criminal law, he was sentenced to criminal detention and fined. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.
Legal objectivity:
There is no charge of dangerous driving in the current Criminal Law, only the crime of causing traffic accidents. According to the circumstances, sentencing can be divided into fixed-term imprisonment of not more than three years or criminal detention, fixed-term imprisonment of not less than three years but not more than seven years, and fixed-term imprisonment of not less than seven years. Please refer to: (1) "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents" (1) One person died or more than three people were seriously injured, and they were all or mainly responsible for the accident; (2) An accident in which three or more people died and were equally responsible; (3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan. If a traffic accident causes serious injuries to more than one person and bears all or major responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) Driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving with knowledge of unlicensed or scrapped motor vehicles; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation. Article 4 If a traffic accident occurs under any of the following circumstances, it is classified as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years: (1) If two people are killed or five people are seriously injured, they shall bear all or the main responsibility for the accident; (2) An accident in which more than six people died and were equally responsible; (3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan. (2) Article 133 of the latest Criminal Law violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Whoever drives a motor vehicle to chase after a race on the road, if the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 2 Whoever commits a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Shi Jie, member of CPPCC and director of Sichuan Dingli Law Firm, submitted a proposal at the 20 10 CPPCC meeting, suggesting to increase the crime of dangerous driving. He said that at present, the most serious punishment for unlicensed, drunk and speeding behaviors is only 15 days of administrative detention, which is not enough to deter dangerous driving behaviors such as drunk driving. On 2011September 13, the Ministry of Public Security issued the Guiding Opinions of Public Security Organs on Handling Crimes of Drunk Driving Motor Vehicles, which put forward requirements for further standardizing on-site investigation, time limit for handling cases and filing investigations.