醉酒型危险驾驶罪实证研究

An Empirical Study on Drunken Dangerous Driving Crime

摘要: 醉酒型危险驾驶罪判决案件呈骤降趋势，其刑罚普遍较轻，但其缓刑适用率与不起诉率依旧偏低。各地先后调整酒精含量标准，参考案例确定裁判规则导致的同案不同判，与交通肇事罪比较呈现的罪刑不均衡，均使醉酒型危险驾驶罪的刑罚附带后果严重失衡于比例原则。可通过限制醉酒型危险驾驶入罪和拓宽出罪达到罪间平衡；做好行刑衔接，消除处罚漏洞；通过完善罪后处理，消灭微罪前科以减轻醉酒危险驾驶等微罪对行为人的犯罪影响，最终达到罪罚均衡。

Abstract: The judgment cases of drunken dangerous driving crime show a sharp decline trend. And the penalty is generally lighter. However, the probation application rate and nonprosecution rate in drunk driving cases are still low. The different judgments of the same case, caused by all parts of the country adjusting the alcohol content standard and the case for reference determining the referee rules, and uneven crimes compared with the crime of traffic accident, make the incidental consequences of drunken dangerous driving crime seriously out of balance with the principle of proportionality. The balance between crimes can be achieved by limiting the conviction and broadening the innocence of drunken dangerous driving crime. Punishment loopholes can be eliminated by doing a good job of execution connection. The balance of crime and punishment can be achieved by improving the post-treatment of crime, eliminating the criminal record of minor crimes, to reduce the criminal impact of minor crimes such as drunken dangerous driving crime on the perpetrator.