What is the punishment for a driver who hits someone and causes death?

Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates the laws and 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 criminal detention.

Whoever escapes after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, is to be sentenced to fixed-term imprisonment of not less than seven years.

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 causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any 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) 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 for an 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 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. If the driver of a motor vehicle is involved in a traffic accident and the person of the vehicle or a third party is injured and killed, the punishment shall be determined in accordance with the nature of the traffic accident, the responsibility borne in the accident, and the compensation to be given to the family of the deceased.

1. If you do not have a hit-and-run accident due to drunk driving and actively give legal and reasonable compensation to your family to obtain forgiveness, you can get the opportunity to get a suspended sentence, and the best result can be exempted from criminal prosecution.

2. Driving causes the death of one person or seriously injures three or more people, and bears all or the main responsibility for the accident; or 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 a major (traffic) accident with an amount of 300,000 yuan or more, shall be sentenced to up to 3 years imprisonment or short-term detention.

3. Whoever escapes after causing a traffic accident or has other particularly heinous circumstances (such as illegal drunk driving, etc.) shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, shall be sentenced to fixed-term imprisonment of not less than seven years.

2. Article 49 of the Tort Liability Law stipulates that if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the motor vehicle is liable after a traffic accident, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle.

For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Liability is only possible if the owner of the motor vehicle is at fault.

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, 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.

The occurrence of a major traffic accident 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) 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 for an amount of 300,000 yuan or more. General violations of traffic and transportation management regulations shall be punished with demerit points and fines.

The driver who caused death by driving a car was sentenced to more than three years and not more than seven years in prison.

Article 133 of the Criminal Law stipulates that 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.

Criteria for determining death caused by traffic accidents:

1. 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) One person is killed or three or more people 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 for an amount of 300,000 yuan or more.

2. 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 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.

3. In any of the following circumstances, a traffic accident is "with other particularly heinous circumstances" and is to 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.

If a person dies or seriously injures three or more people while driving, it constitutes a traffic accident, and if it is not for the drunk driver who did not escape and actively compensated his family to reach an understanding, he should be able to get a chance to get a suspended sentence.

It depends on the specific plot.

Q: Did the accident occur on the road, or in a non-road area (e.g. parking lot, residential area)?

If the accident occurred on the road, what is the conclusion of the "Traffic Accident Determination" made by the traffic police? Are the perpetrators primarily or fully responsible, or are they equally responsible? Resulting in the death of one person or the death of many?

Did the perpetrator have an escape plot? Is there a plot to turn yourself in? How the compensation situation ?..

Now the way of the world is mainly to look at the courts.

1. What are the penalties for drivers who drive vehicles to hit and kill people?

1. The penalties for driving a vehicle to kill a person are as follows:

1) Where a traffic accident causes a major accident, causing serious injury or death, or causing major damage to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given;

2) Whoever escapes after causing a traffic accident 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.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a serious accident caused by dust and suspicion, 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.

2. How to deal with the driver after hitting and killing someone after a car accident.

After the driver hits and kills someone, and after a traffic accident occurs, the driver is the person directly responsible for the tortfeasor, and the vehicle owner is not the person directly liable for the tort. The responsibility borne by the driver shall be liable for damages according to the proportion of liability determined in the accident liability determination issued by the traffic police force.

If the driver and the owner of the vehicle have a labor relationship, then if the party providing the service causes damage, the party receiving the service needs to be liable for damages.

If the driver only borrows the owner's car, the owner is not liable for any compensation if the vehicle is not defective.

After the driver hits and kills a person by driving, he shall first inform the driver to notify the relevant personnel of the traffic management department in a timely manner, and he shall be negligent in a timely mannerDon't hit and run, if you escape and avoid being tracked down by the administrative authorities, you will generally face criminal penalties. If you purchase an insured vehicle, you should contact the personnel of the insurance company in time, and go directly to the scene to determine the responsibility and fix the evidence.

What the owner must do is not to instigate or assist the driver to escape, but to directly come forward to communicate and negotiate with the family of the deceased, and fulfill their obligations in the most appropriate way, or the responsibility of the driver, and the owner will not face criminal penalties. However, if the above situation occurs or if you fail to fulfill your liability for compensation, you may be subject to criminal penalties.

Compensation for the death of a person hit by a car.

1. Funeral expenses shall be calculated according to the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.

According to Article 133 of the Criminal Law, the same level of punishment is prescribed for the crime of causing traffic accidents: 1. Whoever violates traffic and transportation management regulations 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 criminal detention. 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 equally responsible for the accident; (3) Whoever commits the crime of causing a traffic accident in accordance with the provisions of Article 133 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention if he escapes after causing a traffic accident or has other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall be sentenced to fixed-term imprisonment of not less than 7 years if he causes death due to escape, shall be sentenced to fixed-term imprisonment of not less than 7 years. Article 6: Where, after causing a traffic accident, in order to evade legal prosecution, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident, causing the victim to die or be 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 Criminal Law article 232 and paragraph 2 of article 234, respectively.

Yesterday at 2:09 p.m., the person who hit the person, did not drink at that time, did not escape, the first time the accident happened 120 110 and then 120 came to pick up the person, and then the traffic police to deal with the accident, after the accident was dealt with, I went to the hospital to see the grandma who was hit, at that time the grandma's family members were all in the field of business were not there, I heard her relatives say that there were a few bones, the brain was not damaged, but the person was still in a coma. After going to the traffic police to make a record, I originally planned to go to the hospital again to see it, but my mother called ** and told me not to go, because Grandma's nephew came to the hospital, saying that I would beat me when I came to the hospital, and said that if Grandma died, he would kill my whole family. As soon as I went to the hospital this morning, my grandmother was still in the intensive care unit, and I heard my grandmother's relatives say that the doctor asked the family to prepare for the funeral, my wife cried on the spot, and then consulted a friend, and I heard that she would be in prison for less than 3 years, and if she took the letter of understanding from the family, she could be sentenced to a lighter sentence, and now I am very worried, because my wife is 3 months pregnant.

I don't want to leave her side. Will I go to jail? And how can you avoid jail time.

First rescue the wounded, then call the police. Secure the scene and wait for the police to deal with it.

There are currently the following penalties for traffic accidents:

In the event of a traffic accident, the traffic management department shall determine the responsibility and deal with the traffic accident.

Traffic fatality, run-and-run words. Between 3 years and 7 years.

If you die in a traffic hit-and-run, you will be banned from driving for more than 7 years, with no upper limit.

The driver who caused death by driving a car was sentenced to more than three years and not more than seven years in prison.

Article 133 of the Criminal Law stipulates that whoever violates the laws and 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, 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.

Criteria for determining death caused by traffic accidents:

1. 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) One person is killed or three or more people 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 for an amount of 300,000 yuan or more.

2. 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 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.

3. In any of the following circumstances, a traffic accident is "with other particularly heinous circumstances" and is to 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 losses to public property or other people's property, and the socks bear full or primary responsibility for the accident, and are unable to compensate for the amount of 600,000 yuan or more.