One driver drunk driving resulting in one death and one serious injury and fleeing after the inciden

Updated on society 2024-02-09
20 answers
  1. Anonymous users2024-02-05

    Responsibility. Heavy penalties.

    To eat"Public meals"Eat for a long time.

    If you want to lose money, no amount of loss is too much.

    It is time for the families of the deceased to be beaten. It's time to be disabled.

    Exploding corpses on the streets. I hate this heavy garbage the most, and living is also a scourge, and after compensating others, I will have my own results.

  2. Anonymous users2024-02-04

    In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

    1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

    2) Where three or more people are killed, they bear equal responsibility for the accident;

    3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

    Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

    1) Driving a motor vehicle after drinking or taking drugs;

    2) Driving a motor vehicle without driving qualifications;

    3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

    4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

    5) Driving with serious overload;

    6) Fleeing the scene of an accident in order to evade legal prosecution.

    Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

    Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

    1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;

    2) Where six or more people are killed, and they bear equal responsibility for the accident;

    3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 600,000 yuan or more.

    Article 5: "Death caused by escape" refers to situations where the perpetrator flees to avoid legal prosecution after causing a traffic accident, resulting in the victim's death because they cannot be rescued.

    Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, it is to be punished as an accomplice to the crime of causing a traffic accident.

    Article 6: Where, after causing a traffic accident, in order to avoid legal prosecution, the perpetrator takes the victim away from the scene of the accident and hides or abandons it, causing the victim to die or be seriously disabled because the victim is unable to receive assistance, it shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.

    Article 7: Where unit managers, motor vehicle owners, or motor vehicle contractors instigate or compel others to drive in violation of regulations and cause major traffic accidents, and have any of the circumstances provided for in article 2 of this interpretation, they are to be convicted and punished as the crime of causing a traffic accident.

  3. Anonymous users2024-02-03

    Summary. In addition, if drunk driving causes death, according to Article 233 of the Criminal Law of the People's Republic of China, the criminal suspect will face a sentence of imprisonment of not less than three years, fixed-term imprisonment of not more than 10 years, or life imprisonment. If the criminal suspect escapes, according to article 386 of the Criminal Law of the People's Republic of China, the criminal suspect will face criminal detention, fixed-term imprisonment of not more than three years, or fixed-term imprisonment of not less than seven years.

    According to Article 96 of the Road Traffic Safety Law of the People's Republic of China, the fine for drunk driving is between 5,000 yuan and 20,000 yuan, and the driver's license is revoked and 12 points are deducted. If a major accident is caused, the driver's license will be revoked and it will never be reissued. <>

    Hello <>

    According to article 133 of the Criminal Law of the People's Republic of China, whoever commits the crime of causing a traffic accident and the circumstances are serious, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are particularly serious, the sentence is to be three years imprisonment and a fine of up to seven years for lack of sensitivity. <>

    In addition, if drunk driving causes death, according to Article 233 of the Criminal Law of the People's Republic of China, the criminal suspect will face a sentence of imprisonment of not less than three years, fixed-term imprisonment of not more than 10 years, or life imprisonment. If the criminal suspect escapes, according to article 386 of the Criminal Law of the People's Republic of China, the criminal suspect will face criminal detention, fixed-term imprisonment of not more than three years, or fixed-term imprisonment of not less than seven years. According to Article 96 of the Traffic Safety Law of the People's Republic of China, the fine for drunk driving is between 5,000 yuan and 20,000 yuan, and the driver's license will be revoked and 12 points will be deducted.

    If a major accident is caused, the driver's license will be revoked and will never be re-obtained. <>

    Dear, is there anything else you don't understand? You can also tell us more about your situation, and I will answer for you. <>

  4. Anonymous users2024-02-02

    Hello, for this case. With regard to the criminal liability of the perpetrator, according to the provisions of the Criminal Law and relevant judicial interpretations, he is a hit-and-run causing death, that is, the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the death of the victim due to lack of assistance.

    If the situation is found to be true, it will be sentenced to imprisonment for a term of not less than seven years. Since the range of fixed-term imprisonment is more than 6 months and not more than 15 years. So, the perpetrator was sentenced to 7-15 years in prison.

    The specific scope is, of course, determined by the court at its discretion based on the facts and circumstances such as the attitude of admitting guilt. Of course, civil liability should still be borne.

    If two people are killed or five or more people are seriously injured, they shall be fully or mainly responsible for the accident; If six or more people die, they shall bear equal responsibility for the accident, etc.) shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If it is a hit-and-run accident that causes death, that is, "the situation in which the person flees to avoid legal prosecution after a traffic accident, resulting in the death of the victim due to lack of assistance", the sentence is not less than seven years imprisonment. Do you understand.

  5. Anonymous users2024-02-01

    Hello, constitute a traffic accident. Your situation refers to the situation in which the victim dies because he or she has not been able to get help after a traffic accident and runs away to avoid legal prosecution. Where there are aggravating circumstances, such as escaping after causing a traffic accident or there are other especially heinous circumstances, a sentence of between 3 and 7 years imprisonment is to be given.

  6. Anonymous users2024-01-31

    According to your description, the person is guilty of a traffic accident. It is a serious circumstance. According to the provisions of the Criminal Law of the People's Republic of China, a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

  7. Anonymous users2024-01-30

    1. Civil compensation for the death of the defendant who escaped after a traffic accident while driving while drunk driving, sentenced to 7-15 years in prison, the circumstances are serious, and there are many deaths. Causing serious damage can be punished with up to death2, driving an unlicensed and forcibly scrapped vehicle on the road. Crossing the road in the wrong direction.

    Driving without a license is detained for 15 days, scrapped vehicles are detained on the road, and a fine of 200-2000 yuan is imposed on the road, and 200 yuan is used for wrong-way driving

    There is no specific penalty principle for the latter two items, and they will be dealt with according to the situation!

  8. Anonymous users2024-01-29

    The driver caused 1 death and 3 injuries and was drunk driving, estimated at 3-7 years.

    If the car in front is not at fault, then it bears the compensation of 10,000 for death and disability, 1,000 for medical treatment, and 100 for property, and other than that, it is compensation for the rear car. If the previous car is liable, then the compensation of 110,000 yuan for death and disability, 10,000 yuan for medical treatment, and 2,000 yuan for property shall be borne by both parties according to the proportion of liability.

    The liability for compensation belonging to the rear car shall be borne by the driver or the owner of the vehicle. If the passenger rides free of charge or there is evidence to prove that the passenger knows that the driver is driving under the influence of alcohol, the driver's liability for compensation shall be reduced. Compensation for the deceased includes death compensation, funeral expenses, and minors should have no living expenses for dependents.

    It depends on which province it is, and the rural household registration is generally 10-150,000.

  9. Anonymous users2024-01-28

    This should go to some lawyer legal online to ask....Or a law firm....

  10. Anonymous users2024-01-27

    Drunk driving will not only reduce the driver's line of sight, but also reduce the ability to recognize, the driver will have farsightedness, and the three-dimensional perception of the object will be incorrect, resulting in a high probability of a car accident.

  11. Anonymous users2024-01-26

    It will reduce the driver's line of sight, reduce the driver's ability to recognize, reduce the driver's thinking ability, and slow to react, so as to cause traffic accidents.

  12. Anonymous users2024-01-25

    Drunk driving is particularly dangerous because drivers lack safety awareness and are prone to make wrong behaviors, leading to car accidents.

  13. Anonymous users2024-01-24

    Tell you a secret, if you have a relationship, sue is also mediation, I think, you just let your aunt stay in the hospital and not come back.

    Come out, answer with all your might, here is unlimited with him, it is he who is in a hurry to die, and then he asks for more money, if he doesn't give it, he won't be discharged, and he won't agree to mediation, general traffic accidents are this, if you let him be sentenced, it's not interesting, people also have a family, right!

  14. Anonymous users2024-01-23

    It's not governed by traffic law, it's a traffic accident that causes death and then flees. It is governed by the law. The police are now angry with you, whether they want the other party to go to jail or want him to pay more money.

    Tell the police that if you are worried that the other party is looking for someone, it is recommended that you go directly to the procuratorate to ask for case filing supervision.

  15. Anonymous users2024-01-22

    The other party is suspected of constituting a traffic accident and is subject to criminal and civil liability. You can file an incidental civil lawsuit or you can file a civil lawsuit directly. The amount of compensation needs to be calculated based on the final circumstances of the injured person. It is advisable to consult a lawyer in person as soon as possible for more details.

    Zongheng Legal Network Yuan is a lawyer.

  16. Anonymous users2024-01-21

    Constitutes a traffic hit-and-run.

    Bai fugitive.

    Traffic hit-and-run refers to the fact that after a traffic accident occurs, the parties to the traffic accident are in order to evade the law.

    Pursue the act of driving a vehicle or abandoning a vehicle to flee the scene of a traffic accident. He shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be compensated for death compensation, funeral expenses, spiritual solace, etc., and it is recommended that a lawyer be entrusted to claim compensation.

  17. Anonymous users2024-01-20

    Zhejiang lawyer Sun:

    The above situation should be prosecuted for the crime of causing a traffic accident, and it is recommended to hire a lawyer to deal with the part of death compensation.

  18. Anonymous users2024-01-19

    Full responsibility for the escape The circumstances are aggravating for more than three years and not more than seven years Incidental civil compensation The child is too young It is a discretionary mitigating or mitigating circumstance.

    The compensation shall be implemented according to the local personal injury compensation standard.

  19. Anonymous users2024-01-18

    1. The sentence is certain.

    Sentencing is as follows**.

    2. The defendant in the crime of causing a traffic accident actively compensates and obtains the forgiveness of the deceased's family, which is a necessary condition for obtaining a lenient sentence.

    Therefore, it is more proactive for the defendant to pay positive compensation.

    Even if the defendant doesn't understand, his defense lawyer should always understand.

    3. At present, the injured party first actively asks the other party to pay the medical expenses in advance, which is what is needed at present.

    The final compensation will be reached, and it will be interesting to see what happens.

    The standard of compensation supported by law is as mentioned in Article 2 of the previous article **17-33 below, and the other party should take the initiative to compensate for the need for a lenient criminal sentence.

    Therefore, you might as well listen to the conditions offered by the other party, at least not lower than the above ** standards.

    Otherwise, there will be no forgiveness and the court will be asked to resentence.

  20. Anonymous users2024-01-17

    According to the "Supreme People's Court's Decision on the Trial of Traffic Sources.

    Article 2 A traffic accident that causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) Killing one person or seriously injuring three or more persons, and bearing full or primary responsibility for the accident; 2) Where three or more people are killed, they bear equal responsibility for the accident; 3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

    1) Driving a motor vehicle after drinking or taking drugs; 2) Driving a motor vehicle without driving qualifications; 3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; 4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution.

    You can file a civil lawsuit directly in court, or you can file a civil lawsuit attached to a criminal case.

    Lawyer Zhang Yi.

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