How is the sentencing standard and compensation standard calculated for drunk driving causing death

Hello, The penalties are as follows:

1. If a person causes death by driving a motor vehicle while intoxicated, if he does not bear all or the main responsibility for the accident, he shall constitute the crime of dangerous driving and shall be sentenced to criminal detention and a fine.

2. If the perpetrator bears all or the main responsibility for the accident, and the crime of dangerous driving and the crime of causing a traffic accident are constituted at the same time, the perpetrator shall be punished for the crime of dangerous driving and the crime of causing a traffic accident.

Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] 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.

Article 133-1 Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 2, Paragraph 1, Item 1 stipulates that a person who dies or seriously injures three or more persons in a traffic accident and bears all or primary responsibility for the accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

2. How to punish the death caused by drunk driving.

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

1.Violation of traffic and transportation regulations; Resulting in a major accident; causing serious injury or death to a person or causing major losses to public or private property; He is to be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. The so-called "occurrence of a major accident" here; According to Article 2, Paragraph 1 of the Interpretation; refers to one of the following circumstances:

1) One person is killed or three or more people are seriously injured; Bear full or primary responsibility for the accident;

2) three or more deaths; Bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property; Bear full or primary responsibility for the accident; The amount of incapacity to compensate is 300,000 yuan or more.

Paragraph 2 of Article 2 of the Interpretation stipulates that a traffic accident causes serious injury to more than one person; Bear full or primary responsibility for the accident; and in any of the following circumstances; Conviction and punishment for the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking alcohol 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 without a license or has been scrapped;

5) Driving with serious overload;

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

other particularly aggravating circumstances; refers to one of the following circumstances:

1) 2 or more deaths or 5 or more serious injuries; Bear all or major responsibility for the cause;

2) More than 6 deaths; Bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property; be fully or primarily responsible for the accident; The amount of incapacity compensation is more than 600,000 yuan. In accordance with the provisions of Article 133 of the Criminal Code; Committing the crime of causing a traffic accident; He is to be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Fleeing after causing a traffic accident or having other particularly heinous circumstances; shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Causing death as a result of escape; He shall be sentenced to fixed-term imprisonment of not less than 7 years.

Article 6: The perpetrator evades legal prosecution after causing a traffic accident; Hiding or abandoning the victim after taking him away from the scene of the accident; causing the victim to die or become seriously disabled because he or she is unable to receive assistance; shall be in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234 respectively; Conviction and punishment for the crime of intentional homicide or intentional injury.

1. Whoever violates traffic and transportation management regulations, resulting in 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;

2. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The act of escaping after causing a traffic accident shall be dealt with as follows according to different circumstances

1. For those who flee after causing a traffic accident and it does not constitute a crime, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained for up to 15 yuan;

2. If a major traffic accident occurs, constituting a crime and there is no escape, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law;

3. In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license for life.

Laws and Regulations

Criminal Law of the People's Republic of China

Article 131: [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road in any of the following circumstances is to 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, punishment is to be given 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.

Road Traffic Safety Law of the People's Republic of China

Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

Legal Analysis: Drunk driving causing death has constituted the crime of causing a traffic accident. Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

Where a person who escapes after causing a traffic accident or knows socks has other particularly heinous circumstances, he is to 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.

Legal basis: Article 133 of the Criminal Law Whoever, as a result of a major accident in violation of traffic and transportation management regulations, 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; Whoever escapes after causing a traffic accident or has other especially heinous circumstances, 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.

Causing death while drunk driving has already constituted a traffic accident. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with the law.

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 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 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years (in the minority sentenced to 15 years).

There was a major accident.

1. Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes 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 3 years or short-term detention.

The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, refers to one of the following circumstances:

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

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 the amount of 300,000 yuan or more.

Paragraph 2 of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who is seriously injured in a traffic accident and bears full or primary responsibility for the accident and has any of the following circumstances shall 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 without a license or has been scrapped;

5) Driving with serious overload;

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

1. What are the other particularly heinous circumstances?

Other particularly heinous circumstances refer to any of the following circumstances:

1) If there are 2 or more deaths or 5 or more serious injuries, all or the main responsibility is borne;

2) 6 or more people are killed and are equally responsible 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 more than 600,000 yuan.

Note: Where, in order to evade legal prosecution after a traffic accident, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident, causing the victim to die or become seriously disabled because he cannot receive assistance, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, Paragraph 2 of the Criminal Law, respectively.

Hello, drunk driving causing death constitutes the crime of causing a traffic accident, and the sentencing standard is based on the provisions of Article 133 of the Criminal Law: if a person violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where there is an escape after a traffic accident or there are other especially heinous circumstances, the sentence is to be between three and seven years imprisonment; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Whoever causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and drives a motor vehicle under the influence of alcohol shall be punished as the crime of causing a traffic accident. If there are circumstances of escape causing death, a sentence of not less than seven years imprisonment is to be given.

Hope the above is helpful to you.