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危险驾驶行为入罪以来,在司法实践中对维护交通安全起到了很好的作用,但如何认定危险驾驶罪,如何区分危险驾驶罪与交通肇事罪、以危险方法危害公共安全罪,以及对于《刑法》第一百三十三条之一第二款的理解,就成为亟待解决的问题。醉酒驾驶只要符合醉酒标准就应当一律入罪;同时,虽然危险驾驶罪与交通肇事罪、以危险方法危害公共安全罪都危害了公共安全,但它们在犯罪构成的其他方面还存在不同;而法条规定的“依照处罚较重的规定处罚”就是依法定刑较重的罪名处罚。
Since the crime of dangerous driving has entered the crime, it plays a very good role in the maintenance of traffic safety in judicial practice. However, how to determine the crime of dangerous driving, how to distinguish between dangerous driving crime and traffic accident crime, to endanger the public safety crime with dangerous method, The understanding of the second paragraph of Article 133 of the Penal Code has become a pressing issue. Drunken driving should be punished as long as it complies with the standards of drunkenness. At the same time, although crimes of dangerous driving and traffic accident, and crimes of endangering public safety by dangerous methods endanger public safety, they are different in other aspects of the constitution of crime; Article “Penalty in accordance with the provisions of heavier punishment ” is punishable by heavier penalties according to law.