Although the trial quality and efficiency of drunk driving cases have been improving continuously since drunk driving was criminalized more than ten years ago,there are still outstanding problems in handling drunk driving,such as inconsistent rules and different sentences for similar cases.The root causes are the homogenization of drunk driving penalty standards and administrative pen-alty standards,the hedging of positive and negative effects of drunk driving penalty,and the local differentiation of judicial measures to bridge the hedge.And we should remold drunk driving through"trichotomy"of before,when and after the occurrence of drunk driving behavior,establish a new idea of"blood alcohol content + circumstances"of drunk driving conviction and sentencing,and it can be con-sidered that it is appropriate to raise the minimum blood alcohol content standard of drunk driving conviction and punishment to 130 mg/100 ml.
关键词
醉驾/定罪量刑新标准/血液酒精含量
Key words
drunk driving/new standards for conviction and sentencing/blood alcohol content
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