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在超大城市基层法院管辖范围,醉驾刑事案件数量一度仅次于盗窃案件,入罪主要标准是驾车人体内酒精含量达到80mg/100ml;醉驾因交通事故和纠纷而被消极发现的高概率表明仍有大量的犯罪暗数;醉驾入刑虽能约束国家工作人员行为,犯罪人却大多没有犯罪感;与公众报应犯罪诉求不同,缓刑且被重处罚金符合犯罪人的预期;醉驾人多属家庭及社会经济的支柱,作为轻罪和法定犯,如何避免因监禁受到犯罪感染,对于一定时期无交通违章和违法行为的,如何消灭前科记录,都是刑事法机制后续应予解答的问题。
In the jurisdiction of metropolitan basic courts, the number of criminal cases of drunk driving was second only to cases of theft. The main criterion for conviction is that the driver’s body alcohol content reaches 80mg / 100ml. The high probability of drunk driving being negatively discovered due to traffic accidents and disputes shows that there is still A large number of criminal darkness; Although drunk driving into the country although the state staff can restrain the behavior of criminals, but most of them do not have a sense of guilty; with the public appeals to different appeals for crime, suspended and was fined in line with the expectations of criminals; drunk driving people are mostly family and As a pillar of social economy, as a misdemeanor and statutory offense, how to avoid being infected with criminality due to imprisonment and how to eliminate previous records of traffic violations and violations in a certain period of time are issues that should be answered subsequently by the criminal law system.