FEATURES OF THE CRIMINAL LIABILITY OF DRIVERS WHO COMMITTED TRAFFIC ACCIDENT WHILE INTOXICATED
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article discusses the features of criminal liability of drivers who committed traffic accidents while intoxicated. It specifies the particular dangers of this phenomenon for the society. As a result of such accidents killed themselves as drivers and their passengers, and ordinary citizens who were at bus stops, sidewalks and pedestrian crossings without taking into account deaths on the roadway road. The main reasons for this situation is primarily a lack of discipline among drivers, low their professional level, there is no personal responsibility and disregard for traffic rules and inadequate control with a party transport organizations and police observance of traffic rules and order status, in which they are located. Important in this case is the imperfection of the criminal legislation of Ukraine, in anticipation of the appropriate punishment, as drunk drivers who have committed a crime, and other responsible persons. Most penalties drunk drivers can get for killing one person – the 8 years in prison, and the killing of several persons ch. 3 st. 286 Criminal Code of Ukraine stipulates – 10 years in prison. This means that if due to the fault of a drunk driver dozens of people die, the criminal law provides a maximum penalty only ten years imprisonment. This unjust punishment and did not reflect the gravity of the crime act. It is proposed to amend the criminal legislation of Ukraine and to ensure punishment for the loss of life on the roads of drunk drivers guilt to punishment for murder and predict the upper limit of a sentence of fifteen years in prison for the death of one man, and death by two or more people – life imprisonment. In addition, it has to be made to the Criminal Code of Ukraine century 286-1 drive vehicles or ships persons in a state of alcoholic, narcotic or other intoxication or under the influence of drugs, reducing their attention and reaction speed.
Authors and Affiliations
О. С. Коробка
Keywords
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