追逐竞驶型危险驾驶罪与以危险方法危害公共安全罪实证辨析

Empirically Analyze Such Dangerous Driving as Chasing and Racing and Endangering Public Safety in a Dangerous Way

在道路上驾驶机动车高速行驶、逆向行驶、随意并线,可能涉嫌危险驾驶罪或以危险方法危害公共安全罪,因此如何准确定性至关重要。以实践中承办的一起案例为切入点,分析两罪的竞合点和区别之处,对此类案件的定性阐明审查要点,并进行个案辨析,具有借鉴意义。

Drivers driving motor vehicles on the road at fantastic speed,driving in an opposite direction to traffic,and changing lanes bluntly may be indicted for the crime of dangerous driving or the crime of endangering public safety in a dangerous way.Therefore,it is extremely crucial how to accurately determine its nature.Beginning with a case addressed in the judicial practice,this paper analyzes the similarities and differences between the two crimes,clarifies the key points in examination for the determination of the nature of such cases,and provides detailed analysis of individual cases,which is significant for reference.