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毒驾行为具有明显的社会危害性,急需刑罚处罚来惩治毒驾行为,以提高毒驾行为的违法代价,毒驾入刑有还利于打击毒品犯罪。同时对于我国的刑法环境来说,也已经具备了将毒驾这种抽象危险犯纳入刑法规制的理论和实践经验,毒驾入刑既符合刑法的兼抑性原则,又可以打击交通违法犯罪,不足之处还可以借鉴国外毒驾入刑的经验。因此毒驾行为有必要也完全可以纳入危险驾驶罪之中。
Driving behavior has obvious social harmfulness, it is urgent to punish the penalty to punish the driving behavior, in order to enhance the illegal cost of driving behavior, drug driving is also beneficial to the fight against drug crime. At the same time, for our country’s criminal law environment, it also possesses the theoretical and practical experience of incorporating this abstract dangerous drug into the criminal law regulation. The drug-driving penalty not only conforms to the principle of restraining the criminal law, but also can combat traffic crime, Shortcomings can also learn from the experience of drug driving into the country. Therefore, driving behavior is necessary but also can be fully incorporated into dangerous driving offense.