醉酒驾驶适用缓刑应提倡——以广东省危险驾驶罪适用缓刑情况为切入点

Advocacy for Applying Suspension of Sentence to Drunken Driving Offences——Taking the Case of Applying Suspended Sentence to Reckless Driving Offenders in Guangdong Province as the Cut-in Point

由于醉酒驾驶行为犯罪化是典型的预防性立法模式,其目的在于防患于未然,所以,对所有酒驾犯罪分子一律适用刑罚是不必要的,而应该坚持"该严则严,当缓则缓"的原则,区别对待;同时,由于司法工作的繁重,监禁场所的不足,对酒驾犯罪分子一律适用刑罚也是不实际的。反之,对符合缓刑适用条件的酒驾犯罪分子适用缓刑,并充分利用行政处罚的遏制手段,既能达到预期的效果,也能够更好地体现罪刑相适应原则。

The criminalization of drunken driving offences is a typical model of precautionary legislation,whose purpose is to nip such offences in the bud.It is unnecessary for criminal punishments to be meted out on drunken drivers all and sundry,but rather,in different cases,differential treatment should be adopted following the principle of combining criminal punishment with leniency of suspended sentence.Meanwhile,it is practically impossible for criminal punishments to be applied to all drunken driving offenders due to such restrictions as heavy workload of judicial affairs,shortage of confinement sites,etc.On the contrary,where circumstances allow,suspension of sentence can be applied to some drunken drivers,coupled with other means of containment such as administrative penalties.In this way,not only will the expected purposes be achieved,but also the principle of suiting punishment to crime will be better reflected to the full.