Original text of the Supreme Court's "Opinions on the Application of Laws to the Crime of Drunk Driving"

It's not "drunk", it's drunk.

"Opinions of the Supreme People's Court on the Application of Laws to the Crime of Drunk Driving"

In order to seriously handle criminal cases of drunk driving in accordance with the law, unify the standards for legal application, and give full play to the role of criminal punishment and crime prevention function, effectively curb the frequent and high incidence of drunk driving and drunk driving crimes, and effectively safeguard the life, health and safety of the broad masses of the people, it is necessary to make unified regulations on the application of laws on drunk driving crimes.

1. Accurately apply the law and severely punish drunk driving crimes in accordance with the law

The criminal law stipulates that drunk people commit crimes and should bear criminal responsibility. The perpetrator knew that drunk driving was illegal and would endanger public safety, but ignored the law and drove drunk, especially after the accident, and continued to drive and crash, causing heavy casualties. This shows that the perpetrator subjectively tolerated the continued harmful consequences. Attitude and intention to endanger public safety. Anyone who causes serious casualties while driving under the influence of alcohol should be convicted of the crime of endangering public safety by dangerous means in accordance with the law.

In two drunken driving criminal cases announced on September 8, 2009, the defendant Li Jingquan and the defendant Sun Weiming both caused accidents while driving while severely drunk, causing continuous collisions and causing heavy casualties. Among them, after Li Jingquan drove into an accident, he continued to drive regardless of the safety of the injured and the many villagers who tried to dissuade him, causing 2 deaths and 1 minor injury; Sun Weiming had been driving without a license for a long time, violated traffic laws many times, and was driving drunk and other After the vehicle rear-ended, he continued to drive over the speed limit in order to escape, and collided with 4 normally traveling cars, causing 4 deaths and 1 serious injury. Defendant Li Jingquan and defendant Sun Weiming continued to drive rammingly after a drunken driving accident. Their subjective attitude was obviously laissez-faire regarding the harmful consequences of casualties to others, and they had the intention to endanger public safety. The actions of the two defendants constituted the crime of endangering public safety by dangerous means.

2. Implement the criminal policy of combining leniency with severity, and appropriately determine penalties

According to the provisions of paragraph 1 of Article 115 of the Criminal Law, drunk driving, allowing harmful consequences to occur, causing major Those who cause casualties in accidents that constitute the crime of endangering public safety by dangerous means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. When deciding specifically on the punishment of a defendant, the nature of this type of crime, the defendant's criminal circumstances, harmful consequences, and subjective malignancy and personal danger must be comprehensively considered. Under normal circumstances, if drunk driving constitutes this crime, the perpetrator does not subjectively hope or pursue the occurrence of harmful consequences, and it is an indirect intentional crime. The subjective malignancy of the behavior is consistent with the malicious driving of the vehicle to cause an accident and causing accidents. There are differences between direct intentional crimes that result in heavy casualties, and therefore, there should also be differences when determining penalties. In addition, when driving while drunk, the perpetrator's ability to identify and control is actually weakened, and this should also be taken into consideration when sentencing.

In the case of drunk driving crime, the defendant Li Jingquan and the defendant Sun Weiming did not apply the death penalty according to law, but were sentenced to life imprisonment respectively. The main consideration was that both defendants committed indirect intentional crimes. Compared with direct intentional crimes, subjective The malignancy is not very serious, and the personal danger is not very great; the ability to control the vehicle while committing the crime has been weakened; after being brought to justice, he has a good attitude of pleading guilty and repenting, and actively compensates the victim for his economic losses, and obtains the victim's forgiveness to a certain extent. The final judgments of the Guangdong Provincial Higher People's Court and the Sizhou Provincial Higher People's Court sentenced the two defendants appropriately.

3. Unify the application of laws and give full play to the role of judicial trials

In order to seriously handle criminal cases of drunk driving in accordance with the law and curb the serious consequences of drunken driving and drunken driving on public safety Harm, warn and educate potential illegal drivers. In the future, those who drive drunkenly and allow harmful consequences to occur and cause heavy casualties will be in accordance with the provisions of these opinions and refer to the attached typical cases. They will be punished according to the law for endangering the public in dangerous ways** *Conviction and sentencing of security crimes.

In order to maintain the res judicata of the effective judgment and stabilize social relations, the final judgment should be maintained and no changes should be made to previously handled cases in which drunken driving under specific circumstances was determined to be a traffic accident crime.

Attachment: Criminal cases related to drunk driving

1. Defendant Li Jingquan endangering public safety in dangerous ways

Defendant Li Jingquan, male, Han nationality , was born in Foshan City, Guangdong Province on April 30, 1964. He has a junior high school education and is an individual transportation driver in Foshan City. On December 11, 1981, he was sentenced to four years and six months in prison for robbery and intentional injury. He was criminally detained for this case on September 17, 2006, and arrested on the 28th of the same month.

At about 18:50 on September 16, 2006, the defendant Li Jingquan drove a van with license plate number Guangdong A1J374 from south to north to Yanbu Bihua, Nanhai District, Foshan City, Guangdong Province after drinking a lot of alcohol. While driving near the security pavilion on Cunxin Road, the victim Li Jiexia who was riding a bicycle and her son Chen Baiyu who was riding on the bicycle were knocked down from behind, causing Chen Baiyu to be injured. After hitting someone, Li Jingquan continued driving, smashing the iron gate in front of the security booth and the pillar next to it, then turned around and drove quickly from north to south toward Suiyan Road, and his wheels got stuck in the flower field on the roadside. The victim Liang Xiquan (who was Li Jingquan's friend) and other villagers stepped forward to rescue the injured and dissuade Li Jingquan. Li Jingquan increased the accelerator and drove out of the flower field, running over Li Jiexia and then knocking down Liang Xiquan, causing the deaths of Li Jiexia and Liang Xiquan. Li Jingquan drove off the road and was caught by security team members and police. After testing, ethanol was detected in Li Jingquan's blood at the time of the incident, with a content of 369.9 mg/100 ml.

After being restrained in the hospital until he sobered up, the defendant Li Jingquan had no memory of the specific process of committing the crime. When he learned that he had killed two people and injured one person, he felt very regretful. Although his income is meager and his family life is difficult, he has repeatedly stated that he will actively compensate the victims' relatives for their economic losses.

The People's Procuratorate of Foshan City, Guangdong Province accused the defendant Li Jingquan of committing the crime of endangering public safety by dangerous means and filed a public prosecution with the Foshan Intermediate People's Court. On February 7, 2007, the Foshan Intermediate People's Court issued the (2007) Fo Xing Yi Chu Zi No. 1 criminal incidental civil judgment, finding the defendant Li Jingquan guilty of endangering public safety by dangerous means, and sentenced him to death and deprivation of political power. Rights last forever. After the verdict was announced, Li Jingquan appealed. On September 17, 2008, the Guangdong Provincial Higher People's Court rejected the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law.

The Supreme People's Court reviewed and held that after the defendant Li Jingquan knocked down others while driving drunk, he continued to drive and rammed into the crowd. His behavior constituted the crime of endangering public safety in dangerous ways. Two people were killed and one was slightly injured. The crime was egregious and the consequences were particularly serious and should be punished in accordance with the law. Since Li Jingquan committed the crime while seriously drunk, it was an indirect intentional crime, which is different from the direct intentional crime of deliberately endangering public safety; and since he confessed and repented well after being brought to justice, he was not sentenced to death according to law. The first-instance judgment and the second-instance ruling found that the facts were clear, the evidence was reliable and sufficient, the conviction was accurate, and the trial procedure was legal, but the sentencing was inappropriate. In accordance with Article 199 of the Criminal Procedure Law of the People's Republic of China and Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Review of Death Penalty Cases, it was ruled not to approve the death penalty of the defendant Li Jingquan and revoked the Guangdong case. The Provincial Higher People's Court (2007) Guangdong High Court Criminal Ruling No. 131 was sent back to the Guangdong Provincial Higher People's Court for a new trial.

During the retrial by the Guangdong Provincial Higher People’s Court, it worked with the Foshan Intermediate People’s Court on a large amount of civil mediation work. Relatives of defendant Li Jingquan spent all their money to raise 150,000 yuan to compensate the victim.

The Guangdong Provincial Higher People's Court held that after the defendant Li Jingquan drove drunk and hit Li Jiexia's bicycle, he still knew how to turn the vehicle around; when the wheel was stuck in the flower field on the roadside, he knew he would The vehicle drove back onto the road, indicating that it had the ability to identify and control the incident. After Li Jingquan hit someone, he ignored the person who was hit and the many villagers who were in front of the car to dissuade him and rescue the injured. He continued to drive and tried to leave the scene, crashing into Li Jiexia who had fallen to the ground and rescuer Liang Xiquan, causing two injuries. The death of one person shows that he has a subjective laissez-faire attitude toward the harmful consequences of casualties and injuries to people present, and has the indirect intention to endanger public safety. Therefore, his behavior constitutes the crime of endangering public safety by dangerous means. The circumstances of Li Jingquan's crime were egregious and the consequences were serious.

However, in view of the indirect intentional crimes committed by Li Jing, compared with the direct intentional crimes of deliberately endangering public safety, the subjective malignancy is not very deep and the personal danger is not very great; he was severely drunk when committing the crime, and his ability to identify and control has been weakened. ; After being brought to justice, he had a good attitude of pleading guilty and repenting, and actively compensated the victim for his economic losses, so he could be given a lighter punishment in accordance with the law. Accordingly, on September 8, 2009, criminal judgment No. 131-1 (2007) of the Guangdong High Court Criminal Court was issued, and the defendant Li Jingquan was found guilty of endangering public safety by dangerous means and sentenced to life imprisonment and deprivation. Political rights last for life.

2. The case of the defendant Sun Weiming endangering public safety by dangerous means

The defendant Sun Weiming, male, Han nationality, was born in the Tibet Autonomous Region on May 9, 1979, with a high school education. Employees at Chengdu Pentium Electronic Information Technology Co., Ltd. He was placed under criminal detention on December 15, 2008, and arrested on the 26th of the same month.

In May 2008, the defendant Sun Weiming purchased a Buick sedan with the license plate number Sichuan A43K66. After that, Sun Weiming drove the car for a long time without obtaining a driver's license and violated traffic laws many times. At noon on December 14 of the same year, Sun Weiming and his parents celebrated the birthday of their relatives and drank heavily. At about 17:00 that day, when Sun Weiming drove his Buick car to the "Blue Valley" intersection of Chenglong Road in Chengdu City, Sichuan Province, he crashed into the rear of a BYD car with license plate number Sichuan A9T332 that was traveling in the same direction. After the accident, Sun Weiming continued to drive over the speed limit. When he reached the "Zhuo Jincheng" section of Chenglong Road, he crossed the double solid yellow line in the center and successively hit the Changan Benben sedan with the license plate number of Sichuan AUZ872 and Sichuan Benben sedan that were driving normally in the opposite lane. Four cars including the Changan Alto sedan of AK1769, the Ford Mondeo sedan of Sichuan AVD241, and the Chery QQ sedan of Sichuan AMC337 collided, resulting in the death of Zhang Jingquan, Yin Guohui and his wife, Jin Yamin and Zhang Chengxiu, who were on the Changan Benben sedan with the license plate number of Sichuan AUZ872. Dai Yuxiu was seriously injured and suffered more than 50,000 yuan in public and private property losses. After identification, the vehicle driven by Sun Weiming was traveling at a speed of 134-138 kilometers per hour immediately before the collision; the ethanol content in Sun Weiming's blood at the time of the incident was 135.8 mg/100 ml. After the incident, Sun Weiming's relatives compensated the victim 114,000 yuan for economic losses.

The People's Procuratorate of Chengdu City, Sichuan Province accused the defendant Sun Weiming of using dangerous methods to endanger public safety and filed a public prosecution with the Chengdu Intermediate People's Court. On July 22, 2009, the Chengdu Intermediate People's Court issued a (2009) Cheng Xing Chu Zi Criminal Judgment No. 158, concluding that the defendant Sun Weiming was guilty of endangering public security by dangerous means, and was sentenced to death and deprived of political rights for life. After the verdict was announced, Sun Weiming appealed.

During the trial in the Sichuan Higher People's Court, Sun Lin, the father of the defendant Sun Weiming, expressed his willingness to compensate the victim for his economic losses, and people from all walks of life also actively donated money to help compensate. After mediation under the auspices of the court, Sun Lin reached a civil compensation agreement with the injured party on behalf of Sun Weiming. Even though he was seriously ill and his family was not well-off, he actively raised funds to compensate the injured party for his economic losses and obtained a certain degree of understanding from the injured party.

The Sichuan Provincial Higher People's Court held that the defendant Sun Weiming ignored traffic regulations and public safety, drove a motor vehicle for a long time without obtaining a driver's license, violated traffic regulations many times, and After a drunk driving accident caused a traffic accident, he continued to drive beyond the speed limit and crashed into multiple vehicles, causing serious casualties to several people. This shows that he has a subjective laissez-faire attitude towards the occurrence of harmful consequences and has the indirect intention to endanger public safety. , whose behavior constitutes the crime of endangering public safety by dangerous means. The circumstances of Sun Weiming's crime were egregious and the consequences would be serious. However, in view of the fact that Sun Weiming committed the crime indirectly and did not want or actively pursue the harmful consequences, compared with the crime of directly deliberately driving into vehicles and pedestrians, the subjective malignancy is not very deep and the personal danger is not very great; he was in a serious state when committing the crime. In a drunken state, his ability to identify and control his own behavior has been weakened; after the incident, if he sincerely regrets his crime and actively raises money through his relatives to compensate the victim for his economic losses, he may be given a lighter punishment according to law. Accordingly, the Sichuan Provincial Higher People's Court issued (2009) Sichuan Xingzhongzi No. 690 Criminal Judgment on September 8, 2009, concluding that the defendant Sun Weiming was guilty of endangering public safety by dangerous methods and was sentenced to life imprisonment and deprivation. Political rights last for life.