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1、1On the crime of dangerous driving and related offenses betweenAbstracts into the criminal offense of dangerous driving after the judicial practice, how to identify dangerous driving, dangerous driving and traffic offenses relationships and dangerous driving in a dangerous way with the crime of enda
2、ngering public safety issue is the relationship between the three must be reasonable clear, this article seeks to address these three issues in order to accurately identify the judicial practice of this crime and crime-related benefit. Keywords paper chase competitive driving drunk driving related o
3、ffenses Criminal Law Amendment (eight) the addition of dangerous driving. Contains two acts of this crime, driving a motor vehicle on the road and the behavior of drunken driving motor vehicles, of which the former is required to achieve the final version before being vile crime. Since May 2011, the
4、 Criminal Law Amendment (eight) came into effect since the implementation of judicial handling of cases of dangerous driving caused 2great concern in society. For a more accurate and effective combat such crime, the judiciary should be correct and comprehensive understanding of the elements of the c
5、rime and to deal with the relationship between sin and related offenses, judicial practice which is the most important issue facing. First, the elements of the crime of dangerous driving analysis According to criminal law, the crime of dangerous driving contains two types of behavior: Chasing compet
6、itive driving and drunken driving. (A) Elements of competitive driving chase chase the so-called competitive driving, refers to the act on the road at high speed or speeding, random chase, beyond the frequent, sudden and lines and other acts, then criminal law and chasing competitive driving up vile
7、 Branch office before the penalty, so chase competitive driving behavior resulting in an abstract danger of endangering public safety and to achieve a vile, would constitute the crime of dangerous driving, the penalty shall Branch Office. As a judicial officer, in judicial 3practice, finds chase com
8、petitive driving behavior we need to grasp the following points: First, this requirement is not limited to constitute the crime occurred on public roads, mentioned above, because this crime as hazardous guilty, so long as the perpetrator of the chase competitive driving behavior is not specific to t
9、he human body or the most dangerous life can constitute the crime, so the crime can occur in other roads, such as the schools roads, mining plant on the road and sidewalk. Second, this crime at high speed driving, speeding the premise, but the speed and speeding alone does not constitute the crime n
10、eed to have random chase, beyond the frequent, sudden and lines and other risky behaviors. Therefore, the non-high-speed, speeding does not constitute the crime, but the crime does not simply equate to some foreign state speeding offense. Third, the offense is different ways, including speeding, inc
11、luding random chase other vehicles overtaking other vehicles, frequent or sudden with other vehicles and lines, close-up, etc. before entering other vehicles. Fourth, meaning two or more contacts and individual behavior based on peoples behavior may be the implementation 4of this crime, may constitu
12、te the crime. If the offender driving a motor vehicle for an ambulance or fire truck and other vehicles of criminal law as dangerous driving behavior that can constitute the crime. Finally, the establishment of the chase competitive driving vile crime must reach the degree of bad judgment on the cir
13、cumstances whether the standard should be based on the perpetrators behavior is not caused by a qualified majority on the human body, life hazard. In judicial practice, to determine whether the circumstances are bad in practice should be based on the number of vehicles on the road, pedestrians as we
14、ll as how much time and road driving, speed and other factors driving the way to judge if there is no other vehicles or pedestrians chase wild merriment of competitive driving, and the lives of others and did not cause any danger, I think we should not identified as vile. In addition, the subjective
15、 aspect of competitive driving chase requirements intentional, but the purpose and motivation is not required, as long as the perpetrator of the chase competitive driving behavior of an abstract public danger, and it reaches vile conviction standard, it should branch to punishment. 5(Two) Elements o
16、f drunken driving criminal law, the so-called drunk driving, refers to the behavior of people in a drunken state, driving a motor vehicle on a road behavior. According to vehicle drivers blood, breath alcohol threshold test of the relevant provisions of the acts of their blood alcohol content greater than or equal to 80mg/100ml is a state of intoxication. Therefore, the motor vehicle driver who has been drinking knowingly, deliberately driving motor vehicle
