醉酒驾驶犯罪的量刑问题研究

Research on the Standard of Measurement of Penalty to the Crime of Drunk-driving

《刑法修正案(八)》将醉酒驾驶机动车的行为入罪,增设危险驾驶罪,一般判处一个月以上六个月以下的拘役,并处罚金,但是,在实际的司法实践中,对行为人判处的刑罚在全国范围内没有一个量刑的统一标准,在刑罚的适用上排除了缓刑的适用,对罚金刑的适用也没有任何的限制,存在法官恣意行为之虞,也有悖于罪刑相适用原则和宽严相济的刑事政策。对于醉酒驾驶型危险驾驶罪的行为人适用拘役刑应当有一个统一的量刑标准,对其适用罚金刑时应当根据不同的影响量刑的因素对罚金的数额加以限制,并且存在对行为人适用缓刑的可能性,而不能主观地认为缓刑轻于行政处罚。

《The Amendment VIII of Criminal Law》made drunk driving to be a crime, adding peril driving behavior into the criminal code, the detention penalty is from one month up to six months imprisonment with fine. However, actually, in the judicial practices, there is no a common standard of t of penalty to the offender in the whole country. It does not include the probation in punishment application and there is no limitation to the fine. Therefore, these situations could lead to the unbridled behaviors of judge. These also could be against the principle of suiting punishment to crime and the lenient and severe criminal policy. There should be a unified standard of measurement of detention penalty to the drunk driving offender. The amount of the fine apphed to drunk driving behavior should be restricted according to the different factors which influence on the measurement of penalty. It is possible to apply probation to the drunk driving offender. It should not be assumed subiectively that the probation is more lenient than administrative rmnishment.