《刑法》第133条之1醉酒型危险驾驶罪是过失的抽象危险犯,适用该条的醉酒驾驶行为仅仅是这样一种情况,即当行为人过错醉酒之后,在道路上驾驶机动车辆,行为人应当预见会发生交通事故,但是由于疏忽大意而没有预见,或者虽然预见到可能会发生交通事故,而轻信能够避免的心理状态。 Article 133 1 of the Penal Code Drunkenness Dangerous driving offense is an abstract dangerous crime of negligence. Drunken driving practice to which this section applies is merely a situation in which a motorized vehicle is driven on the road after the perpetrator’s fault is intoxicated, One should foresee that a traffic accident will occur but is unforeseeable because of negligence or, although foreseeable that a traffic accident may occur, one can avoid the mental state.