Drunk driving hit and run, drunk driving hit and run

1. "Does his family (brothers and sisters, all of whom have separated) need to bear legal responsibility?" ”：

1) If the perpetrator is a minor (an adult is a person who has reached the age of 1 or 8, or has reached the age of 16 but is able to maintain an ordinary standard of living on his own labor income), or is a mentally ill person, his parents and wife are obliged to compensate on his behalf, but his siblings are not. Because the first order of guardianship of a mentally ill person is his parents, wife, and adult children, his brothers and sisters do not bear the duty of guardianship when their parents are alive, or when he has a wife or adult children.

2) If he is an adult and not mentally ill: neither your parents nor siblings are legally liable to compensate him.

3) Whether there is mental illness: there should be an appraisal result as evidence or confirmed by the court. When you say "alcoholism", it depends on the extent of the intoxication, whether it affects the intellect and reaches the level of mental illness.

2. "If a sibling needs to be held responsible, can you tell us the basis?" There is no such basis, because siblings are not responsible.

3. If he is married: the joint property of him and his wife should be used to bear the liability for compensation.

If he is not married, but he lives with his parents, and the family property is in common: compensation can be made against the portion of the family property that belongs to him.

4. Suggestion: Even if the above channels are sure that he has no property and "now he has no dime": you should also sue as usual, apply for enforcement after the court judgment takes effect, and apply for suspension of enforcement when he really has no property to enforce

In this way, any time he has property in the future, you can apply for resumption of enforcement, and you no longer have to worry about the expiration of the statute of limitations and the inability to obtain legal protection.

If you think that he has no money now, he will not sue, or if he does not apply for enforcement within 2 years after the judgment takes effect: you can no longer ask the court to protect your creditor's rights, and if he has property in the future, if you don't want to pay it back, you have no choice.

Eighteen years old, right? There's no neuropathy, right?

If you are eighteen years old and do not have a nervous disorder, you are completely civilly and criminally responsible.

No one else is liable for his or her separate legal acts, except in conspiracy and negligence.

As long as there is no joint family property, there is no joint and several liability for compensation.

If his family is willing to take responsibility for the sake of family affection, it must be on the basis of their own volition, and there is no reason for compulsion.

Suggestion: Even if it is determined that he has no property through the above channels, he should sue as usual, apply for enforcement after the court judgment takes effect, and apply for suspension of enforcement when he really has no property to enforce: In this way, if he has property at any time in the future, you can apply for resumption of enforcement, and you no longer have to worry about the statute of limitations and the inability to obtain legal protection.

If you do not file a lawsuit, or if you do not apply for enforcement within 2 years after the judgment takes effect, you will no longer be able to ask the court to protect your creditor's rights, and if you do not want to pay it back if he has property in the future, you will have no choice.

There is also the possibility of filing a civil compensation lawsuit against the car owner!

Friends, as the saying goes: one person does one. The law says the same.

As long as there is no joint property, no other person is responsible for it.

Because other people have nothing to do with the traffic accident, the victim cannot sue others. Even if an indictment against someone else is submitted to the court, the claim will be dismissed.

Then you're talking about joint and several relationships.

If the medical treatment is a mental problem, then you are not very easy to claim.

Now, you can go to court and sue this hit-and-run.

At the very least, it can be sentenced to a few years, and then the court can be asked to enforce compensation.

Then the bailiff will help you out.

As for the others, it certainly won't work.

Drunk driving is subject to legal liability.

Mentally ill or incapacitated for civil conduct, he does not need to bear legal responsibility, but needs to bear the responsibility of his guardian. Persons with incomplete capacity for civil conduct need to bear legal responsibility when they can distinguish between right and wrong.

If a natural person violates the personal rights and property rights of others when he is drunk, he or she needs to bear the corresponding legal responsibility.

Legal Analysis: Drunk driving and hit-and-run, i.e., including drunk driving and hit-and-run. Drunk driving includes driving under the influence of alcohol and driving while intoxicated, but no matter what the circumstances of the crash, the driver must be held legally responsible according to the law.

At this time, if the driver still escapes, the penalty will be heavier. Hit-and-run, should take 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.

Traffic accident victims may claim compensation from the party responsible for the accident according to their actual situation, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.

If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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, 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.

1. What are the penalties for hit-and-run while driving under the influence of alcohol Article 133 of the Criminal Law, 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 three years but not more than seven years; Whoever causes death as a result of escaping from a reed shall be sentenced to fixed-term imprisonment of not less than seven years. The original regulations on the handling of road traffic accidents stipulate; 1. If the person escapes after causing a traffic accident and the responsibility for the traffic accident cannot be determined, he shall bear full responsibility; 2. Revoke the driver's license, and do not apply for a driver's license within two years; 3. Where the victim dies as a result of escape, he shall be sentenced to fixed-term imprisonment of not less than 7 years in accordance with the provisions of the Criminal Law, and under normal circumstances, the penalty for death caused by a traffic accident shall be fixed-term imprisonment of not more than 3 years or short-term detention. The latest explanation on drunk driving is:

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. Major traffic accidents are the premise, and constituting a crime is a general term. This is an important change in the discretion given to law enforcers after the revision of the Criminal Code.

The fact that there is no mention of "causing accidents" here means that "drunk driving" and "drunk driving" are denied from the crime of "causing traffic accidents" and excluding "the crime of causing traffic accidents and negligence." The so-called constituent crime is interpreted by the subjective composition of the perpetrator and the objective consequentialism. II. Classification of hit-and-run situations Hit-and-run refers to an illegal act in which a party clearly knows that he has had a traffic accident and deliberately flees the scene of the accident in order to avoid responsibility for the accident and does not report the case to the public security organs.

There are two situations: 1. Both people and vehicles fled the scene of the accident after the accident; 2. The abandoned car escapes, that is, the party leaves the car at the scene and the person flees the accident scene. Hit-and-run after a traffic accident is a very bad and serious violation, for which the person concerned must bear the serious consequences against himself.

Article 133 of the Criminal Law of the People's Republic of China "Where the crime of causing a traffic accident violates the laws and regulations on the administration of traffic and transportation, and a major accident occurs, causing serious injury or death to a person, or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention shall be given; 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.

Summary. Hello, dear This question is up to me The other party drove drunk and escaped in an accident: 1. If you escape after the accident, and the responsibility for the traffic accident cannot be determined, you should be fully responsible; 2. Revoke the driver's license, and do not apply for a driver's license within two years;

A person who hits and escapes while driving while intoxicated shall be sentenced to short-term detention and a fine in accordance with the law if no major accident has occurred, causing serious injury or death to a person or causing major damage to public or private property. Anyone who flees after a collision while intoxicated and causes major damage to public or private property shall be guilty of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention in accordance with law.

Hello, dear This question is up to me The other party drove drunk and escaped in an accident: 1. If you escape after the accident, and the responsibility for the traffic accident cannot be determined, you should be fully responsible; 2. The driver's license was revoked, and Li Lusen was not allowed to apply for a driver's license for two years. A person who hits and escapes while driving while intoxicated shall be sentenced to short-term detention and a fine in accordance with the law if no major accident has occurred, causing serious injury or death to a person or causing major damage to public or private property.

Anyone who is drunk and runs away after crashing and causing major losses to public or private property shall constitute the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not more than three acres or criminal detention in accordance with law.

The second paragraph of Article 101 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a person escapes after causing a traffic incident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. This provision is an administrative sanction for a person who has escaped from a traffic accident, and his driver's license will be revoked and he will not be able to obtain it again for the rest of his life, regardless of the consequences of the traffic accident caused by him.

It depends. If a person escapes after a traffic accident and does not constitute a crime, the traffic management department of the public security organ shall suspend the motor vehicle driver's license for six months and impose a fine of not less than 200 yuan but not more than 2,000 yuan; if the person dies as a result of the escape, it shall constitute the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not less than seven years.

Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: (1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license is suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident that does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; (6) Forcibly passing in violation of traffic control regulations and refusing to heed dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; (8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses. Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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 being stopped 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; Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.