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基于风险控制的考量,《刑法修正案(八)》将醉驾等危险驾驶行为上升为刑法规制范畴,增设了危险驾驶罪。自醉驾入刑以来,基于立法不周延及相关司法解释滞后,其适用在司法实践中暴露出不少问题,如醉驾犯罪的法定量刑设置不尽合理、案情相似情况下犯罪人领刑不一、司法机关对醉驾犯罪采纳的量刑标准不统一及对醉驾犯罪适用缓刑的情况各异等。适当增加其量刑情节,以血液酒精含量作为量刑基础,有限定条件地适用缓刑等途径是可行的。
Based on considerations of risk control, the “Amendment to the Criminal Law (8)” raised dangerous driving behaviors such as drunk driving as criminal law and regulation and added dangerous driving offense. Since drunken driving into the prison, due to the lack of legislation and the delay of relevant judicial interpretation, its application has exposed many problems in judicial practice. For example, the setting of legal sentencing for drunk driving crime is not reasonable, Judicial authorities on the drunk driving crime to adopt the sentencing standards are not uniform and probation for drunk driving crime probation varies. Appropriate to increase its sentencing circumstances, the blood alcohol content as sentencing basis, limited conditions for probation and other ways is feasible.