Drunk driving electric cars into the criminal controversial.
- Details
- Category: Ningbo News
- Published: Thursday, 16 August 2012 14:35
Source 2012-8-16 8:56:29 Southeast Business
Into the criminal standard is reasonable? The focus should be punished to the driver or standardize electric vehicle standards?
August 10th, Jiangxi man Lee for drunk driving a motorized tricycle, has become into the punishment for drunk driving in Ningbo, the first electric car owners. Information disclosed by the judgment, even power-driven vehicles, there may be excessive and have been identified as a motor vehicle, bear the criminal liability of drunk driving.
1.1 million electric vehicles registered in Ningbo last year, many of which are excessive car. The judgment contains information led to the concerns of many battery car owners of their own criminal risk. Drunk driving electric cars into the sentence in accordance with what is? Is this reasonable? Yesterday, the reporter interviewed the people in the industry.
Reporter Hu Shan correspondent of the town of stone are sword
Why such a sentence?
The judgment of the first drunk driving electric cars into the criminal case is a judge of the Criminal Division of the Court in Zhenhai, he told reporters, "crime of dangerous driving" is implemented on May 1 last year, the Criminal Law Amendment (h) "the new increasing a count of the text: "driving a motor vehicle chase competing driving on the road to a flagrant, or drunken driving motor vehicles on the road, at the detention and a fine. the preceding acts, at the same time constitute other crimes convicted and punished in accordance with the provisions of punishment heavier. "
According to the provisions in the crime only to motor vehicle owners. Penalized around the electric car drivers, not electric vehicles exceeded while being included in the scope of the motor vehicle.
To a car battery, for example, to be classified as non-motor vehicle ranks, must meet the industry standards set in 1999 --- "General Electric Bicycle technical conditions, the maximum speed of not more than 20 km, vehicle quality (weight) does not greater than 40 kg, pedal cycling functions, you can also rely on the human and electric drive (electric tricycles vehicle quality is not greater than 380 kg).
However, if the speed than a bicycle slow, car batteries fresh market. In order to allow the market to buy excessive battery car, a common phenomenon.
Therefore, excessive battery car is a motor vehicle or non-motor vehicle, or by identification to speak (which involved a fine standard, there are about hundreds of), grasp the standards of law enforcement traffic police department after the start of the criminal justice process for judges words, leaving the conviction and sentencing.
According to the principle of "legality", as long as the parties drunk driving motor vehicles, they are subject to Criminal Responsibility.
Therefore, the Zhenhai Court of Justice on the Lee made the conviction, but because he committed a minor crime, sentencing is not re-sentencing after he pleaded guilty to service contracting.
GB into the criminal standard is reasonable?
Around have been sentenced to drunk driving, excessive electric cars into the criminal case, should electric cars into the sentence, and indeed raised in the legal profession dispute.
The controversial point is that people are not familiar with the nature of the industry national standards as the legal standard for conviction and sentencing, is appropriate?
Legal concepts, especially the concept of criminal law, the common people, should be clear, simple to follow, we will not let the people have a loss of feeling. "Committee, deputy director of Zhejiang Lawyers Association Criminal professional, experienced criminal defense lawyers in Ningbo Youming Zhang said, on the 12th, he and a friend to dinner, a friend is riding a cable car, during which he persuaded a friend to drink, remember that it comes to drunk driving, he returned to the friend said, "drunk driving, car batteries, according to the law does not are into the punishment "Who would have thought a day or two, he saw the first drunk driving electric cars in Ningbo sentence reports," I'm just a long-term professionals engaged in criminal law work, can not grasp this standard, even Do not mention ordinary people. "
"But can not say that the judges have made a wrong judgment, as the implementation of the law, that they comply with the statutory crime and substance of the principle of" Youming Zhang said, the people was surprised, because into the sentence beyond their common sense.
The punishment for drunk driving electric cars into a special group, that is, excessive electric car drivers. The emergence of so many excessive electric vehicles, is caused by the source of the contradictions of this situation and law.
Sake of discussion, to resolve this conflict through legislative means, after the vehicle identification the cost of the criminal penalties to force to regulate the behavior of ordinary people, or to regulate these manufacturers market administration, standardized products, regulate the market, "I think, should not the former.
