醉酒驾驶犯罪的量刑适用——基于浙江高院五起典型案件的分析

《刑法修正案（八）》将醉酒驾驶犯罪行为规定为危险驾驶罪予以刑事处罚,为打击惩处醉酒驾驶犯罪提供了法律依据。有效地遏制了醉酒驾驶事故的发生,有力地保障了道路交通安全。但是。在司法实践中,对醉酒驾驶犯罪的量刑并无统一的量刑规范。导致本罪在量刑适用上存在不规范、不统一、不均衡的问题。因此,如何准确适用量刑,确保罚当其罪,是审判实践中必须解决的问题。浙江省高级人民法院在2011年公布的五起危险驾驶犯罪案件具有一定的典型性和指导性,通过对上述案件的比较分析,结合以事实为依据,以法律为准绳、罪责刑相适应、体现宽严相济和确保量刑均衡的量刑原则,最终以细化醉酒驾驶犯罪的量刑情节来规范、统一、均衡本罪的量刑适用。

On Application of Drunk Driving Criminal Sentencing -Based on Analysis of Five Typical Cases in Zhejiang High Court

Drunk Driving is certified as dangerous driving in ＂Criminal Law Amendment （No. Eight）＂, providing a legal accordance against Drunk Driving, effectively curbing the accident and powerfully protecting the traffic safety. However, in judicial practice, there is no unified sentencing for Drunk Driving, causing the nonstandard, unified and unbalance in sentencing. Therefore, how to accurately sentence is important in trial practice. Zhejiang Higher Court has published five dangerous driving cases in 2011, which are typical and in- structive. Through comparative analysis of these cases, combining with the truth, basing on law, we suggest that the sentencing principles must suit to crime, responsibility and punishment in order to ensure balanced sentencing, and standardize, unified and balance the criminal sentencing at last.