对危险驾驶罪的法定刑设置的反思

Reflections on the Set of Legal Punishment of Dangerous Driving Crime

危险驾驶罪与以危险方法危害公共安全罪、交通肇事罪共同构成维护公共交通安全的刑网体系,但是在法定刑设置上,对危险驾驶罪判处拘役并处罚金与上述两罪并不协调,也存在漏洞;罚金和拘役功能相同,并处罚金不能实现特殊预防,应增加1年以下有期徒刑和轻微危险驾驶肇事行为的刑罚配置,同时就危险驾驶的结果加重犯单独作出规定,以便与相关条文相协调。

Dangerous driving crime,crime against public security by dangerous ways and traffic accident crime together constitute the crime network system to maintain the public transport safety,but in the legal punishment setup,the fact that dangerous driving crime which is sentenced to imprisonment and penalty doest not coordinate with the above two crimes,and also flaw exists;penalty and imprisonment have the same function.To inflict penalty in addition to imprisonment will not achieve specific prevention,it is suggested that the legal punishment of imprisonment of a term less than one year and minor dangerous driving accident behavior penalty configuration,add the prevision of aggravated offense of Dangerous Driving Crime,to the effect that the penalty will coordinate with the relevant provisions.