"If drunk driving does not necessarily constitute a criminal offence, it lacks the basic seriousness of the law." Lawyer Yuan of Jiangsu Law Firm said yesterday that it has been clearly stipulated in the Eighth Amendment to the Criminal Law that drunk drivers should bear corresponding criminal responsibilities. This means that as long as drunk driving is implemented, regardless of the consequences, it constitutes a crime and should be given corresponding criminal sanctions.
The revised Road Traffic Safety Law stipulates: "Drunk driving shall not apply for a driver's license within five years, and the corresponding criminal responsibility shall be investigated." This is completely consistent with the expression of the Criminal Law Amendment (VIII), without exception.
As for article 13 of the general principles of criminal law, the circumstances that endanger social behavior are obvious and slight, and it is not considered a crime, and this article does not apply to dangerous driving crimes. Because the behavior of drunk driving itself is very bad, under the social background of the whole society denouncing drunk driving, it goes without saying that if you dare to drunk driving, this plot is already very serious. "There is no slight situation of drunk driving and criminal sanctions should be given. There are no exceptions. " Lawyer Yuan said.
Traffic police's opinion
Seven situations may affect conviction and sentencing of drunk driving.
A person from the Jiangsu Traffic Management Bureau said yesterday that at present, the relevant judicial interpretation rules have not yet been issued, but he personally believes that if the "Zhang Jun Speech" is finally implemented, seven situations of drunk drivers may affect conviction and sentencing:
1. Whether there is any act of resisting, obstructing or evading the police from performing their duties according to law;
2. Whether there is a criminal record of illegal acts such as drunk driving;
3. Whether to truthfully confess the criminal act and its guilty attitude;
4 whether it has caused serious consequences such as casualties and property losses;
5. Whether to commit criminal acts in densely populated areas;
6. The degree of drunkenness;
7. Driving vehicles, operating vehicles and non-operating vehicles are definitely different in nature.
"As a traffic police, when we investigate and deal with drunk driving, the first thing is to fix all the evidence. Whether the drunk driver we investigated committed a crime should be judged by the court. " The above-mentioned person said.
Judge's point of view
"Under normal circumstances, the speeches of the main leaders of the Supreme Court are a reference and guidance for lower courts, but they are not rigidly binding." A judge of Criminal Court No.1 of a grass-roots court in southern Jiangsu said yesterday that, taking Zhang Jun's speech as an example, if the Supreme Court does not issue specific and detailed judgment rules, grass-roots courts will still strictly enforce "all drunk drivers will be punished".
The judge said that "dangerous driving crime" is a dangerous crime, that is, as long as there is some potential danger, it may not have harmful consequences, and this crime can still be convicted and sentenced. For example, drunk driving, whether it is hitting people or destroying property, should be investigated for criminal responsibility.
The judge explained that "dangerous driving crime" is mainly aimed at those behaviors and people who are not enough to constitute "traffic accident crime". For example, killing someone by driving illegally must constitute a "traffic accident crime", whether drunk or not; Drunk driving does not hurt people and property, which is not enough to constitute "traffic accident crime" and can be convicted of "dangerous driving crime"
The judge said that from a legal point of view, "Zhang Jun's speech" was correct, but not rigorous. Because the Criminal Law Amendment (VIII) clearly stipulates: "Anyone who drives a motor vehicle drunk on the road shall be detained." This means that as long as it constitutes drunk driving, it must be sentenced to criminal detention. And "criminal detention" is one of the five main types of criminal punishment. How can you say "drunk driving should not be punished"? The judge finally said that if there is no relevant rules to deal with drunk driving, it will make it difficult for grassroots judges to adapt, and the public will also worry that powerful people will take advantage of the loopholes.
"When the traffic police encounter drunk driving, the first thing is to fix the evidence, that is, to determine whether the alcohol content in the driver's blood meets the drunk standard according to the law," the relevant person in charge of the Traffic Management Bureau of Jiangsu Provincial Public Security Bureau said yesterday. As long as the driver meets the requirements of drunk driving a motor vehicle on the road, it can be considered as "dangerous driving".
"With these two pieces of evidence, the investigation by the public security organs can come to an end." The person in charge said that, therefore, general drunk driving cases should be investigated within 7 days and handed over to the procuratorate for prosecution, unless there are other circumstances that need further verification and investigation. At present, when investigating suspected drunk driving, traffic police usually record the process through on-site photos, videos and other means, and identify the blood alcohol content.