关键词: 醉驾；出罪；但书；紧急避险；期待可能性；常识常理常情

Abstract: Confronted with the prevailing issue of drunk driving discrimnalization， the traditional punitive approach to addressing such transgressions within the judicial system has proven increasingly inadequate. In response， it is imperative for law enforcement agencies to take reasonable and effective measures to deal with criminal behaviour rooted in principles of criminal law forgiveness， moderation and efficiency. This necessitates promptly penalizing instances of drunk driving that do not warrant legal action or are inconsequential， aligning with contemporary criminal justice policies and societal expectations for effective drunk driving control. Drawing on recent judicial interpretations and successful legal precedents， certain forms of drunk driving can be directly addressed through four distinct avenues: “de minimis” offenses lacking inherent harm; “emergency avoidance” cases involving objective obstruction; subjectively excluded crimes devoid of any expectation of wrongdoing; and morally justifiable transgressions based on common sense.

Key words: drunk driving; discriminalization; proviso; emergency to avoid danger; expected possibilities; common sense