How many years is it to run away while drunk driving in China s criminal law

If a drunk driver escapes in a traffic accident, if no serious consequences are caused, it is sufficient to compensate the victim for his losses in accordance with the law, and he does not need to bear criminal responsibility.

If more than one person is seriously injured, it constitutes the crime of causing a traffic accident and needs to be investigated for criminal responsibility in accordance with the law, and the sentence is 3 years imprisonment.

Judicial Interpretation of the Supreme Court on Traffic Accidents.

Article 2: In any of the following circumstances, a person who causes 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.

It depends on whether there are accidents

The DUI hit-and-run is handled as follows:

1. Where a drunk driver escapes causing serious injury to a person or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given;

2. Where a drunk driver hits a cause and then escapes, or there are other particularly heinous circumstances, a sentence of between three and seven years imprisonment is to be given;

3. Whoever causes death due to drunk driving and escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.

The most advantageous choice after a drunk driving accident is still to surrender when respecting Liang, rather than fleeing first and waiting for the alcohol concentration to drop to the point where it is undetectable before turning himself in, because drunk driving is a discretionary aggravating circumstance, and escape is a statutory aggravating circumstance, and the impact of discretionary circumstances on sentencing is generally less than that of statutory circumstances, and the perpetrator causes the statutory aggravating circumstance of "escape" in order to escape the discretionary aggravating circumstance of "drunk driving". Moreover, even if the perpetrator escapes blindly, it can still be determined that he is drunk driving based on other evidence, and the circumstances of the escape and drunk driving should be considered when sentencing, and the perpetrator will naturally be sentenced to a heavier punishment.

Legal basis] Criminal Law of the People's Republic of China

Article 133-1 [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, it is to be punished in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

According to the specific circumstances of the drunk driving and escape, the sentence is not less than three years imprisonment. Where a major accident occurs as a result of a drunk driving escape, causing serious injury or death to a person or causing major losses to public or private property, the crime of causing a traffic accident is constituted and a sentence of between three and seven years imprisonment is to be given. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133 of the Criminal Law Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Penalty criteria for drunk driving and escape:

1. Where the perpetrator causes a major accident while drunk driving, causing a person to ** or causing major losses to public or private property, it constitutes a traffic accident and crime, and where there are circumstances of escape, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

2. Anyone who causes the death of another person due to escape shall be sentenced to fixed-term imprisonment of not less than seven years.

A drunk driver's license is suspended for five years. According to the relevant laws and regulations, if a motor vehicle driver drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall revoke his motor vehicle driver's license, and shall not re-obtain a motor vehicle driver's license within five years.

The penalties for hit-and-run under the influence of alcohol are as follows:

1. Civil liability: Hit-and-run should bear full responsibility for the accident.

All losses and expenses incurred by the other party due to the accident must be compensated by the hit-and-run party. According to the actual situation of the person who is injured in the traffic accident, the victim may claim compensation from the party responsible for the accident, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. Liability for violations: Drunk driving is definitely an illegal act of returning to the hood.

Legal basisArticle 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

If a drunk driver escapes a motor vehicle, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. If a person escapes by driving a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; The 10-year sentence is not allowed to re-obtain a motor vehicle driver's license, and after re-obtaining a motor vehicle driver's license, it is not allowed to drive a commercial motor vehicle.