危险驾驶罪的司法适用疑难问题

Difficult Problem of Judicial Application of Crime of Dangerous Driving

危险驾驶罪作为典型微罪,在风险社会中的适用更要坚持罪刑法定原则。当道路上存在被超越对象时,追逐竞驶型危险驾驶罪的主体可为单一主体。不应以刑事政策为由为醉驾行为“松绑”,坚守罪刑法定原则认定醉酒型危险驾驶罪的构罪要件,并在定罪不处罚、酌定不起诉等方面寻求出罪路径。校车空车超速行为因未侵犯该罪保护的师生生命法益而不被认定为双超型危险驾驶罪;危化品型危险驾驶罪的主观层面当为故意。

As a typical petty crime, the application of the crime of dangerous driving in the risk society should adhere to the principle of a legally prescribed punishment for a specified crime. When there is an object to be surpassed on the road, the subject of the crime can be a single subject. We should not “relax the restraint” on the grounds of criminal policy, adhere to the principle of a legally prescribed punishment for a specified crime to determine the elements of the crime of dangerous driving, and seek the path of exoneration from conviction and non-punishment, discretionary non-prosecution and other aspects. The speeding behavior of empty school car is not considered as the crime of double over dangerous driving because it does not infringe upon the legal interests of the teachers and students protected by the crime.