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因酒驾违法、醉驾入刑,众多司机已经形成“开车不喝酒,喝酒不开车”的共识,在外应酬喝酒后,司机们通过手机客户端下单委托代驾已成时尚做法。不可否认,代驾确实有效解决了酒文化与道路公共安全的冲突,然而,代驾行业尚未规范,代驾司机素质良莠不齐,经常会给醉酒客户造成一定的伤害,也给代驾方带来法律风险。笔者在为一起危险驾驶案的犯罪嫌疑人做无罪辩护时,发现代驾方可能因自身原因导致其须承担民事赔偿责任、甚至刑事责任,故在本文中阐明代驾方存在的法律风险,并就如何防范风险提出几点建议,希望代驾行业能早日规范运作,并能更好地保护广大人民群众的生命财产安全。
Because drunk driving illegally, drunk driving into the penalty, many drivers have formed a “drive do not drink, drink do not drive ” consensus, after drinking, the drivers through the mobile phone client commissioned by the agency has become a fashion practice. Admittedly, on behalf of the driver does effectively solve the wine culture and road public safety conflicts, however, on behalf of the driving force industry has not standardized, on behalf of the driver quality of good and bad drivers, often drunk customers will cause some damage, but also to bring driving law enforcement risk. When I did a defense of innocence for a criminal suspect in a dangerous driving case, I found that on behalf of the driver may, for his own reasons, be liable for civil compensation and even criminal liability. Therefore, in this article, we clarify the legal risks that exist on behalf of the driver, And put forward some suggestions on how to prevent risks. He hopes that the industry as a representative will be able to regulate operation as soon as possible and better protect the lives and property of the broad masses of people.