CAJ | 학술논문

醉驾入刑以来，各地司法机关在实践中形成羁押与非羁押两类快速办理模式。羁押模式在合法性方面存在瑕疵，而非羁押模式能够经得起立法及司法的检验。总体上要求在办理醉驾案件过程中，公安机关对犯罪嫌疑人采取非羁押措施、检察机关依法快速审查起诉、法院适用简易程序审理案件。
취가입형이래，각지사법궤관재실천중형성기압여비기압량류쾌속판리모식。기압모식재합법성방면존재하자，이비기압모식능구경득기입법급사법적검험。총체상요구재판리취가안건과정중，공안궤관대범죄혐의인채취비기압조시、검찰궤관의법쾌속심사기소、법원괄용간역정서심리안건。
Since the drunken driving being defined as the crime, Local judicial organs have formed two kinds of rapid management mode in practice, which is custody and non- custody. The mode of custody has flaws and the non- custody can stand the test of legislation and judiciation. It means that when dealing with the drunken driving cases, public security organs don't take criminal suspects into custody, and procuratorial or- gans review cases quickly and the people' s courts take the summary procedure to judge. In particular, Apply- ing the compulsory measures of bail and shortening the time of handling the cases is the preferred scheme. Once he (she) can' t be able to pay a deposit and is not guaranteed, the residential surveillance should be used. Of course,if he (she) breaches the statutory duty seriously during the period of bail and residential sur- veillance, the measures should be changed into arrest and accelerating the pace of handling cases.