We all know that 'drinking without driving, driving without drinking'. Nowadays, with the rapid development of intelligent driving technology, some people take chances and use "intelligent driving" after drinking, and related cases occur from time to time. Recently, the Yunwu Mountain Tunnel on the G93 Chengdu Chongqing Ring Expressway in Chongqing staged a thrilling scene for two consecutive nights. In the early hours of the morning, a white car slowly came to a stop on the first lane of the highway tunnel while using "smart driving" under the influence of alcohol. The vehicles behind had to urgently slow down and change lanes. When the police arrived, the driver was sleeping inside the car. After testing, the driver's blood alcohol content reached 153.9 milligrams per 100 milliliters, indicating drunk driving. At the same location the night before, another drunk driver parked his car in the tunnel and dozed off. After questioning by the police, the two drivers admitted to driving under the influence that night and both activated the intelligent assisted driving function. As for how the vehicle stopped, both of them couldn't remember at all. Due to the two falling asleep while driving, the vehicle's "assisted driving function" detected an abnormal state and issued a prompt. The sleeping driver was unable to take over the vehicle, and the assisted driving system automatically stopped, causing the car to come to a stop in the middle of the road. At present, the two individuals have been investigated on suspicion of dangerous driving and will face criminal punishment. Can turning on "smart driving" after getting drunk reduce responsibility? Some drivers mistakenly believe that "intelligent driving" is "autonomous driving" and that turning on "intelligent driving" after drinking can reduce responsibility, but is this really the case? One early morning in March 2023, Zhang and his friends had a dinner and drank, and their friend asked a chauffeur to take them to their friend's house. Afterwards, the chauffeur left. Zhang considered that there were not many cars on the road in the early morning, and the cars had autonomous driving capabilities. With a sense of luck, he decided to drive home by himself. Afterwards, Zhang was caught by police on the road, and after testing, his blood alcohol content was found to be 201.4 milligrams per 100 milliliters. The Dongcheng District People's Court of Beijing sentenced the defendant Zhang to three months of detention and a fine of 6000 yuan for the crime of dangerous driving in the first instance. After the first instance verdict, the defendant Zhang appealed, claiming that he had activated the autonomous driving function, greatly reducing the danger of road driving. Recently, the Beijing Second Intermediate People's Court concluded the case of drunk driving. Zhao Xin, assistant judge of the first level of the Criminal Trial Division of the Second Intermediate People's Court of Beijing, stated that according to relevant laws and regulations, after the driving assistance system is activated, the driver still needs to participate in the driving process dynamically throughout the entire process and needs to make emergency takeover in case of emergencies. Therefore, whether the driver activated the driving assistance function after getting drunk is not related to their responsibility and cannot be used as a reason to reduce their punishment. Based on this, Beijing No.2 Intermediate People's Court determined that the first instance court's conviction and application of the law were correct, the sentencing was appropriate, the trial procedure was legal, the appeal was rejected in accordance with the law, and the original judgment was upheld. The judge reminds that "intelligent driving" is not a shield for drunk driving exemption, and should not be replaced with modern driving. The experts from the Ministry of Public Security said that intelligent assistant driving system is not equal to "automatic driving" system, and the driver is the ultimate responsibility subject. According to the national standard for the classification of automobile driving automation, the driving automation level is divided into 0-5 levels, of which -0-2 levels are driving assistance, which is a commonly used automation system in commercial mass production; Level 3 is conditional autonomous driving, which performs driving tasks in specific scenarios, but the driver needs to maintain the ability to take over. When the system fails or exceeds the scenario, it needs to be taken over in a timely manner; Level 4 is highly autonomous driving, and level 5 is fully autonomous driving, both in the pilot phase. The intelligent auxiliary driving system is not an "automatic driving" system, which can not deal with some emergencies in a timely manner. If other vehicles change lanes illegally or there are obstacles on the road, the intelligent auxiliary driving system does not respond and deal with them in a timely manner, which is likely to cause traffic accidents and endanger the life safety of oneself and others. Experts remind the public that behaviors such as leaving the steering wheel for a long time and deviating from the road vision constitute obstruction to safe driving and will result in fines and points. Once an accident occurs, the driver shall bear the main responsibility and civil compensation. If the accident causes casualties or significant property damage, it may also constitute the crime of traffic accident and criminal responsibility shall be pursued in accordance with the law. In addition, according to Article 133-1 of the Criminal Law of the People's Republic of China, driving a motor vehicle on the road with an assisted driving system while drunk may constitute the crime of dangerous driving. (New Society)