Dangerous driving behaviors in the crime of dangerous driving include:
1, chasing the car, the plot is bad;
2. Drunk driving a motor vehicle;
3, engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
4. Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.
Evidence to prove that the perpetrator has dangerous driving behavior:
1. For dangerous driving with bad circumstances, it is necessary to have evidence to prove that it was chased on the road, such as the speed and the meaning of driving record, which can prove that the circumstances are bad.
2. Drunk driving a motor vehicle; The evidence is mainly the alcohol content in the driver's blood, and the behavior that the alcohol content in the driver's blood is greater than (equal to) 80mg/ 100ml belongs to drunk driving. Alcohol content is generally measured by traffic police with instruments. If the perpetrator refuses to measure, it is presumed to be drunk driving.
3, engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; Mainly evidence to prove the speed and the number of passengers, such as driving recorder, in-vehicle monitoring, passenger testimony, ticket sales records and other evidence.
4. Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety. Mainly physical evidence such as the capacity and quantity of dangerous chemicals, witness testimony, audio-visual materials and all other evidence that can prove the facts of the case can be proved.
The dangerous driving behavior in the crime of dangerous driving does not include driving without a license, but at the same time, driving without a license has the behavior of chasing racing and drunk driving, which is suspected of constituting the crime of dangerous driving.
The crime of dangerous driving refers to driving a motor vehicle on the road in a drunken state, or chasing racing, seriously overloading and illegally transporting dangerous chemicals. Endanger public safety.
The constitutive elements of the crime of dangerous driving are as follows:
1, object element
The object of this crime is social public safety and national traffic management order.
Because this crime is not specific, the danger it causes is not specific, but generally speaking, this crime mainly infringes on social security, that is, the life and health and property safety of unspecified majority.
This is determined by the characteristics of dangerous driving behavior. When the actor carries out dangerous driving behavior, it is impossible to predict and control the driving direction and possible harm of the motor vehicle he drives, because the change of driving environment makes the object of danger caused by the actor be an unspecified majority.
2. Objective factors
The objective aspects of the crime of dangerous driving are as follows: driving a motor vehicle in pursuit of racing on the road, the circumstances are bad, or driving a motor vehicle drunk on the road, or engaging in school bus business or passenger transport, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed, or transporting dangerous chemicals in violation of the regulations on the safety management of dangerous chemicals, endangering public safety.
3. Main elements
The subject of this crime is the general subject, that is, the person who drives a motor vehicle in the field of public transportation with full criminal responsibility. In practice, the subject of this crime is mainly the motor vehicle driver.
If the owner or manager of a motor vehicle is directly responsible for engaging in school bus business, seriously overloading or speeding passengers, or illegally transporting dangerous chemicals, which endangers public safety, this crime can also be established.
4. Subjective factors
Intention is the constitutive requirement of this crime.
The subjective aspect of the crime of dangerous driving requires the actor to have the consciousness of dangerous driving behavior.
"Intention" here refers to the actor's attitude towards dangerous driving behavior, not the attitude that dangerous driving behavior may cause harmful results.
Because the crime of dangerous driving itself is mainly regulated by dangerous driving behavior, the occurrence of harmful results can be avoided through strict control of dangerous driving behavior.
Therefore, when determining the crime of dangerous driving, the main consideration is the subjective mentality of the perpetrator when he carries out dangerous driving behavior.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 133 of the criminal law
Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 99 of the Road Traffic Safety Law
In one of the following acts, the traffic administrative department of the public security organ shall impose a fine of two hundred yuan or more and two thousand yuan or less:
(a) driving a motor vehicle without obtaining a motor vehicle driving license, and the motor vehicle driving license is revoked or temporarily detained;
(two) the motor vehicle is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld;
(3) causing escape after a traffic accident, which does not constitute a crime;
(four) the speed of motor vehicles exceeds fifty percent;
(5) Forcing a motor vehicle driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety and the requirements for safe driving of motor vehicles, thus causing a traffic accident, which does not constitute a crime;
(six) in violation of traffic control regulations, forced passage, do not listen to dissuasion;
(7) intentionally damaging, moving or altering traffic facilities, causing harmful consequences, which does not constitute a crime;
(eight) illegal interception and detention of motor vehicles, do not listen to dissuasion, resulting in serious traffic jams or large property losses.
The motor vehicle driver's license may also be revoked if the actor is under any of the circumstances mentioned in Items (2) and (4) of the preceding paragraph; In case of any of the first, third, fifth to eighth cases, the person may be detained for not more than fifteen days.