浙江男子周某因醉酒驾驶被车企紧急救援系统自动报警，随后被浙江缙云县人民法院判处拘役一个月、罚金2000元1。周某辩称该行为应属自首，但法院驳回了这一主张1。
事发于2026年3月19日晚，周某在启用辅助驾驶功能的车辆中醉酒昏睡，血液酒精含量达186mg/100ml，远超醉驾标准的80mg/100ml1。车企的紧急救援系统随后自动拨打预设的紧急联系人电话110进行报警1。
法院认定车辆自动报警不能替驾驶人完成自动投案1。根据刑法第六十七条，自首需同时具备自动投案和如实供述两个要件1。最高人民法院指导性案例271号指出，车载辅助驾驶系统不能代替驾驶人成为驾驶主体1。2026年3月，最高人民法院工作报告明确写入"驾驶人醉酒后启用辅助驾驶功能仍应承担刑事责任"1。
A man in Zhejiang Province who drove while intoxicated with his vehicle's auxiliary driving system activated has been convicted of drunk driving despite arguing his case constituted voluntary surrender.1 On the night of March 19, 2026, Zhou, the defendant, operated a vehicle equipped with an emergency rescue system while intoxicated, eventually stopping on the roadside where he fell asleep.1 The vehicle's emergency system then automatically dialed 110 to report the incident to preset emergency contacts.1
Zhou contended that the automatic report qualified as voluntary surrender, but the Jinyun County People's Court in Zhejiang determined otherwise, sentencing him to one month in detention and a fine of 2,000 yuan.1 The court reasoned that automatic vehicle reporting cannot fulfill the legal requirement of self-reporting by the driver, as voluntary surrender under Article 67 of the Criminal Law requires two simultaneous conditions: voluntary submission to authorities and truthful confession.1 The court emphasized that the vehicle's auxiliary driving system cannot substitute for the driver as the actual subject responsible for operating the vehicle.1
Zhou's blood alcohol concentration measured 186 mg/100 ml, significantly exceeding the 80 mg/100 ml threshold for drunk driving.1 In March 2026, China's Supreme People's Court incorporated into its work report the principle that drivers who engage auxiliary driving functions while intoxicated must still bear criminal liability.1
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