Theory and Practice:Analysis of the Crime of Drunk Driving
"The Eighth Amendment to the Criminal Law"includes drunk driving behavior as a regulated object of the crime of dangerous driving,achieving a more favorable protection of public safety as a legal interest.However,whether drunk driving behavior should be uniformly criminalized has sparked controversy in both theoretical and practical circles.In theory,the current mainstream view is to distinguish between criminalization and criminalization,advocating for the criminalization of certain drunk driving behaviors based on considerations of the"but clauses"of criminal law and the interpretation of abstract dangerous offenses.In judicial practice,the path to convicting drunk driving depends on the application of the"significant and minor circumstances"and the reasons for illegal obstruction under the"but"clause,but there are relatively few cases where no conviction or punishment is imposed.
drunk drivingdangerous driving crimeabstract dangerous crimecommitting a crime"but clause"