（北京师范大学 刑事法律科学研究院，北京 100875）
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On the Problems concerning Judicial Disputes in Drunk Driving Crimes——Six Exchanges of the Latest Judicial Documents concerning Drunk Driving of Zhejiang
( College of Criminal Law Science，Beijing Normal University，Beijing 100875 China)
Abstract: Compared with the original judicial document, the latest judicial document on drunk driving of Zhejiang have undergone six major changes. Among them, the provisions of absolute decriminalization broaden the channel of substantive decriminalization in drunk driving cases, but the problems of violating the provisions in the upper judicial interpretation and upper law still exist. The criminal detention of all criminal suspects in drunk driving cases is conducive to strengthening the deterrent effect of criminal law resulting from putting drunk driving into the criminal. To include "relevant materials to prove the driving track of vehicles" in the scope of litigation evidences has the meaning of considering the degree of alcohol reaction of drunk drivers. The elimination of the restriction on alcohol content in the application of a suspension of sentence to the defendants in cases of driving cars while intoxicated reflects the tendency to expand the application of a suspension of sentence, and meets the requirements of criminal policy of lenient treatment of petty misdemeanor cases. The increase of alcohol content limit applied to a decision not to initiate a prosecution or a judgment of exemption from criminal punishment by 30mg / 100mL in the cases of driving cars while intoxicated widens the channel of decriminalization of drunk driving cases, strengthens the lenient treatment under the premise of guilty treatment of drunk driving cases, and meets the requirements of criminal policy of lenient treatment of petty misdemeanor cases. It is beneficial to saving valuable judicial resources to add the provision of "no transfer of examination for prosecution" in drunk driving cases. The six major changes of the latest judicial documents on drunk driving of Zhejiang are generally worthy of affirmation.
Key words：drunk driving; judicial documents; decriminalization; leniency