危险驾驶罪与交通肇事罪的关系

在危险驾驶罪增设之前，交通肇事罪是典型的过失犯罪，“飙车”与“醉驾”同无照驾驶、超栽等其他违反交通运输管理法规行为一样，只是作为交通肇事罪成立的前提条件而存在，当此类行为过失造成伤亡结果时成立交通肇事罪。但危险驾驶罪的增设。使得交通肇事罪存在着单纯过失犯罪与作为危险驾驶罪之结果加重犯两种不同构造，因此，明知对方醉酒却唆使其驾驶机动车过失致人伤亡的，构成交通肇事罪（危险驾驶罪的结果加重犯）的共犯，二人均需对伤亡结果承担刑事责任。

On the Relationship between the Dangerous Driving Crime and the Traffic Accident Crime

ABefore the dangerous driving crime is added to the Penal Code,the traffic accident crime be- longs to unintentional crime typically, and ‘drag racing＇ and ‘drunk driving＇ are regarded as the precondition of the traffic accident crime,that is, when such behavior cause negligence injury or death they are judged traf- fic accident crime as the same as driving without licence, over loading and other traffic violations. After dan- gerous driving behavior are criminalized, the traffic accident crime consists of two different compositions which are pure unintentional crime and viewed the aggregated consequential offense as the dangerous driving crime. Therefor, it should be judged as the complicity of the traffic accident crime （namely the aggregated consequential offense of the dangerous driving crime） that a man knows the other is drunk and abets him in driving and causes injury or death unintentionally, they all be to blame.