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驾驶现代交通工具具有高速度、高风险的行为特征。行为本身的风险无法避免。为实现社会生活正常流转,出于社会风险存在与社会发展利益相衡的功利目的,该行为风险被法律规范允许。但是被允许的风险是有限度的,应以满足经济社会发展和日常生活需要为底限,行为人故意或过失导致额外危险并威胁社会的则成立犯罪,构成危险犯。危险驾驶行为是危险犯之一种,为了应对危险行为对法益的抽象危险,尽量降低该危险转化为实害的巨大盖然性以保护社会法益整体,应增设危险驾驶罪。适用刑法对该类行为惩处和预防,这也是现代刑法的一项重要任务。
Driving modern vehicles with high-speed, high-risk behavioral characteristics. The risk of behavior itself can not be avoided. In order to realize the normal circulation of social life, for the purpose of utilitarianism in which social risks exist in balance with the interests of social development, the risk of such behavior is permitted by the laws and regulations. However, the permitted risks are limited. They should be based on meeting the needs of economic and social development and daily life, and crimes committed intentionally or negligently that cause additional danger and threaten the society. Dangerous driving behavior is one of the dangerous crimes. In order to deal with the abstract danger of the dangerous behaviors to law and interests and minimize the huge probability of transforming the dangerous into real harm to protect the social legal interests as a whole, dangerous driving offense should be added. The application of criminal law to punish and prevent such acts is also an important task of modern criminal law.