当前,司法实践中存在着一种明显的“醉驾一律入刑”的司法倾向,这种倾向引发了包括从理论界到实务部门再到社会大众的热议,这其中不乏反对的声音。本文也认为上述一刀切的做法并不符合司法规律,故从理念层面、机制层面、司法者个体层面对上述现象进行分析反思,并提出相应的对策,以期有益于实践。 At present, there is a clear judicial tendency in judicial practice that drunken driving is punishable by imprisonment. This tendency has triggered a heated debate from the theoretical circle to the substantive departments to the general public, many of whom are opposed to each other. This article also thinks that the above-mentioned one-size-fits-all approach does not accord with the law of justice. Therefore, it analyzes and rethinks the above phenomena from the concept level, the mechanism level and the judicial individual level, and puts forward corresponding countermeasures in the hope of benefiting practice.