曹某1993年8月，因诈骗罪被判有期徒刑2年，1995年8月释放。2000_爱下问搜题

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问题单项选择题

曹某1993年8月，因诈骗罪被判有期徒刑2年，1995年8月释放。2000年6月，因酒后开车，轧死一路人，对此案应如何认识( )

A．曹某虽构成犯罪，但因为是酒后开车，可以从轻处罚

B．曹某的行为已构成累犯，应从重处罚

C．曹某未构成累犯，因前后两罪并非均为故意犯罪

D．曹某构成累犯，因后罪在前罪执行完毕5年内所犯

答案

参考答案：C

解析：《刑法》第65条：被判处有期徒刑以上刑罚的犯罪分子，刑罚执行完毕或者赦免以后，在5年以内再犯应当判处有期徒刑以上刑罚之罪的，是累犯，应当从重处罚，但是过失犯罪除外。　　前款规定的期限，对于被假释的犯罪分子，从假释期满之日起计算。　　构成累犯的条件之一就是前后犯罪都必须是故意犯罪，而案中曹某的后罪是交通肇事罪，主观上为过失犯罪，因而不构成累犯。

完形填空

One day, when I was in high school, I saw a kid named Kyle from my class walking home from school with all his books. I thought to myself, “ 36 would anyone bring home all his books for the weekend? He must really be 37 .”
As I was walking, I saw several kids running toward him. They ran at him, 38 all his books out of his arms and he fell down in the dirt. His glasses went 39 and landed in the grass.
My 40 went out to him. So, I ran over to him. 41 I handed him his glasses, he looked at me and said, “Hey, thanks!”
I helped him pick up his books, and asked him where he lived. As it 42 , he lived near me. We talked all the way home. Over the next four years, Kyle and I became best friends.
Kyle was the 43 student of our class, one of those guys that really found 44 during high school. Therefore he had the honor to prepare a 45 speech. On the graduation day, I could see that he was 46 . So, I patted him on the back and said, “Hey, big guy, you’ll be 47 !” He looked at me and smiled.
He cleared his throat, and began. “Graduation is a time to 48 those who helped you make it through those 49 years. Your parents, your teachers…but mostly your friends. I am here to tell all of you that being a friend to someone is the best 50 you can give him.”
I just looked at my friend with 51 as he told the story of the first day we met. He had planned to 52 himself over the weekend and was carrying his books home. “Thankfully, nothing happened. My friend 53 me from doing the unspeakable(不能说出来的).”
Not until that moment did I realize that you should never underestimate(低估) the 54 of your actions. With one small gesture you can 55 a person’s life. For better or for worse.

D．congratulate

单项选择题

浅埋暗挖法施工隧道时，应根据（）、围岩情况、环境要求和施工单位自身条件选择适宜的开挖和掘进方法。

A.业主要求

B.工期要求

C.造价高低

D.工程特点