How does the court judge the crime of dangerous driving?

1. How the court adjudicated the crime of dangerous driving

1. The court adjudicated the crime of dangerous driving and sentenced him to criminal detention of less than 6 months and fined several thousand yuan. If there are no aggravating circumstances such as overcrowding, overloading, drunk driving, or alcohol content exceeding 200, a suspended sentence can be imposed.

2. Legal basis: Article 133-1 of the "Criminal Law of the People's Republic of China"

The crime of dangerous driving is the following: Those who fall under any of the following circumstances shall be sentenced to criminal detention and fined:

(1) Pursuing and driving in a serious manner;

(2) Driving a motor vehicle while drunk;

(3) Engaging in the school bus business or passenger transportation, seriously exceeding the rated number of passengers, or driving seriously exceeding the prescribed speed;

(4) Transporting hazardous chemicals in violation of the safety management regulations for hazardous chemicals, Endangering public safety.

If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.

2. What are the constituent elements of the crime of dangerous driving

1. Object elements. The object of the crime of dangerous driving is public safety, that is, dangerous driving endangers public safety and brings potential danger to public safety, that is, to the lives and bodies of unspecified and numerous people. Or danger to property;

2. Objective requirements. Objective aspects include driving a motor vehicle drunk on the road, or driving a motor vehicle to chase and race on the road, and the circumstances are egregious;

3. Subject elements. The subject of the crime is a general subject. Any natural person who is over 16 years old and has the ability to be criminally responsible can become the subject of the crime of dangerous driving. In practice it is mainly motor vehicle drivers.

4. Subjective requirements. The subjective aspect of the crime of dangerous driving is intentionality, that is, knowing that driving a motor vehicle drunk on the road, or driving a motor vehicle to chase and race on the road endangers public safety, and hopes or allows this state to occur. .