危险驾驶罪基本特征及量刑影响因素实证研究——基于700份醉酒型危险驾驶案件一审裁判文书的分析

An Empirical Study on the Basic Characteristics of Dangerous Drunken Driving Crime and the Factors Affecting Sentencing——Based on the Analysis of First Instance Judgment Documents of 700 Cases of Dangerous Drunken Driving

本文运用相对数指标描述、卡方检验、Logistic回归分析方法,对全国700份醉酒型危险驾驶罪一审判决书进行分析,发现成罪原因为所涉醉酒型危险驾驶罪呈现出涉案主体男性比重明显高于女性、年龄偏中年化、文化水平普遍不高、大多是无业和务农人员且涉案时间相对集中等;在量刑方面呈现出的特征为定罪较严、刑罚较轻,车辆有无号牌、犯罪主体是否有驾照对拘役时长存在一定影响,血液内酒精含量与拘役时长存在较强的直线相关,以及主体有无驾照对入罪后是否缓刑具有较大影响等;认为应增强对醉酒型危险驾驶罪量刑的标准化和统一化。

In this paper, the first instance judgments of 700 dangerous drunken driving crimes in China are taken as a sample to analyze by using relative number index description, card square test, and Logitic regression analysis method. And it is found taht the cause of the crime are: the proportion of male involved in the cases is obviously higher than that of female, mostly middle-aged, Literacy levels are generally low, mostly unemployed and farmers, and the time involved is relatively concentrated. In terms of sentencing, it presents the following characteristics: the conviction is more severe, the punishment is lighter, The vehicle has no number plate, whether the subject of a crime has a driver's license has a certain impact on the length of detention, there is a strong linear correlation between the blood alcohol content and the length of detention, and whether the subject has a driver's license has a greater impact on the probation after being criminalized. Based on this, it is suggested that the standardization and unification of the punishment for dangerousdrunken driving should be strengthened.