If someone dies, will the driver s license be revoked?

Updated on Car 2024-02-08
6 answers
  1. Anonymous users2024-02-05

    Generally not, it is necessary to integrate other episodes. Article 99 of the Road Traffic Safety Law provides that 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 the motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been 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be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the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, or 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 not listening to 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.

  2. Anonymous users2024-02-04

    Hitting and killing a person may result in the suspension of the driver's license, but it does not necessarily revoke the driver's license.

    1. Circumstances of revocation of driver's license:

    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.

    2. The situation of not revoking the driver's license but demoting.

    If the accident caused death is equally responsible and does not constitute a crime, the driver's license shall not be revoked, but the driver's license above B shall be downgraded.

    3. There is basically no impact on the driver's license.

    Bear the following responsibilities for the accident.

  3. Anonymous users2024-02-03

    Legal analysis: Generally not, it is necessary to combine other circumstances, and if a traffic accident causes death while driving, the driver's license will be revoked if it is a serious violation. If there is secondary responsibility for the accident while driving normally, the driver's license will not be revoked.

    Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person 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 having a motor vehicle driver's license temporarily detained;

    (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 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 and regulations and the requirements for driving a motor vehicle, causing a traffic accident, which does not constitute a crime;

    6) Violating traffic control rules and forcibly passing through, and refusing to listen to 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.

  4. Anonymous users2024-02-02

    Legal analysis: If a traffic accident causes death while driving, the driver's license will be revoked if it is a serious violation. If there is secondary responsibility for the accident while driving normally, the driver's license will not be revoked.

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

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

    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.

  5. Anonymous users2024-02-01

    If the person is killed by driving, the person concerned will not necessarily have his driver's license revoked. However, driving a car to kill a person constitutes a traffic accident. For the crime of causing a traffic accident, not only the driver's license of the perpetrator must be revoked, but 12 points must also be deducted, and if a crime is constituted at the same time, criminal responsibility shall be borne in accordance with the law.

    Generally, the sentence is up to three years imprisonment or short-term detention; If the person causes death as a result of escape, he shall be sentenced to imprisonment for a term of not less than seven years.

    Criminal Law of the People's Republic of China

    Article 133.

    Whoever violates the regulations on the management of transportation and transportation, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to up to three years imprisonment 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;

    Where the death of a person is caused by escape, a sentence of not less than seven years imprisonment is to be given.

  6. Anonymous users2024-01-31

    Whether the driver's license is revoked or not depends on different circumstances. If a traffic accident causes death while driving, the driver's license will be revoked if it is a serious violation. If there is secondary responsibility for the accident while driving normally, the driver's license will not be revoked.

    In violation of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, the criminal responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license. 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 that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

    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. 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 a person who is seriously injured without attacking a person, 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.

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