醉酒驾车肇事的量刑规范研究

Study on the Sentencing Standards of Traffic Crimes Committed by an Intoxicated Person

醉酒驾车已成为司法关注的焦点,研究其量刑规范化问题具有重要的理论价值与现实意义。因醉酒肇事后为避免受到法律追究而再次肇事并致他人死亡者,属于刑法所规定的"因逃逸致人死亡"的情形,仍应定交通肇事罪。应当根据醉酒驾车的情节与后果确定不同的量刑基准,重视对个案的全面审查及对个案中多种量刑情节的综合考虑,在把握对同向量刑情节竞合予以合理处置的前提下,并重刑法的社会保护功能与人权保障功能,对竞合的逆向量刑情节进行合理处置。

As drunk driving has become a hot judiciary issue,the study of the sentencing standards of which is of great importance both in theory and in reality.If a person runs away from the spot where he has caused an accident and causes another accident which lead to other people's death,he should also be punished for the crime of causing traffic casualties,as prescribed by penal law as'the escape results in the death of another person'.The sentencing norm of drunk driving should be made according to the circumstances and consequences,and we should also make comprehensive assessment to individual cases and take into account all the details.While handling the circumstances of sentencing of the same direction with reason,we should also handle the circumstances of sentencing of the divers direction with reason,for the social security and human rights should be safeguarded equally.