Can you get a suspended sentence for dangerous driving, can you get a suspended sentence for dangero

The crime of dangerous driving is not just driving while intoxicated. Article 133-1 of the Criminal Law stipulates: "Anyone who 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, 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.

Article 42 of the Criminal Law stipulates that the term of criminal detention shall be between one month and not more than six months. Therefore, the maximum penalty for dangerous driving is only one month to six months. However, in the provisions of Article 133-1 of the Criminal Law, there is a provision for "chasing and racing, where the circumstances are heinous; driving a motor vehicle while intoxicated" and at the same time constitute other crimes, such as:

Crimes such as traffic accidents, obstruction of official duties, and endangering public safety by dangerous means will be convicted and punished in accordance with the provisions on heavier punishments. Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Whoever drives a motor vehicle on a road and has 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, 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.

1. Can a suspended sentence be imposed for the crime of dangerous driving?

1. The crime of dangerous driving may be sentenced to a suspended sentence, but the following conditions shall be met:

1) The circumstances of the crime are relatively minor; Zen Ascension.

2) Showing remorse;

3) there is no danger of recidivism;

4) The probation is not significantly adversely affected by the community in which the person resides.

2. Legal basis: Article 72 of the Criminal Law of the People's Republic of China.

Conditions for the Application of Suspended Sentences] For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit the criminal suspect from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to an additional sentence, the additional sentence must still be carried out.

2. Can a suspended sentence be commuted?

Whether a suspended sentence can be reduced or not needs to be decided on a case-by-case basis

1. Commutation is generally not applicable to convicts sentenced to short-term detention or up to three years imprisonment with a suspended sentence;

2. If a person on probation has another major meritorious service during the probationary period of probation, he may be given a commutation of sentence.

Yes, Article 133-1 of the Criminal Law: "Anyone who drives a motor vehicle on the road with caution and guesses to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a fine." Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

According to article 65 of the Criminal Procedure Law of the People's Republic of China, people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a criminal suspect or defendant may be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Therefore, the sentencing scope of the offence of dangerous driving is within the scope of probation.

Legal basis] Article 65 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently;(2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Legal analysis: The crime of dangerous driving is generally sentenced to less than six months of criminal detention, and if the conditions for a suspended sentence are met, a suspended sentence may be given, but if you bear all or the main responsibility for the accident, there are escape circumstances or the alcohol content exceeds 200mg 100ml, etc., you will be punished heavily, and whether the suspended sentence is applicable at this time depends on whether the conditions are met.

Legal basis: Criminal Law of the People's Republic of China" Article 72: Suspended sentences may be announced for criminals who have been sentenced to short-term detention or up to three years imprisonment and meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal investigator who has been given a suspended sentence is sentenced to an additional sentence, the supplementary sentence must still be enforced.

First of all, let's figure out what dangerous driving is. According to the provisions of China's Criminal Law, it is said that these situations may constitute the crime of dangerous driving. Clause.

First, it is chasing and racing, and the circumstances are bad. Clause.

2. Driving a criminal motor vehicle while intoxicated. Clause.

3. It is engaged in school bus business, or the passenger transportation seriously exceeds the rated occupant capacity, or seriously exceeds the prescribed speed. Clause.

Fourth, it is a violation of the safety management of dangerous chemicals, and then endangers the public safety and return to the whole situation. So the situation of the crime just mentioned, of course, if it meets the situation that can be suspended, then it can be suspended, and then our country also has relevant provisions for probation. So first of all, the relevant provisions of the Criminal Law mention that criminals who are sentenced to short-term detention for less than three years can be punished with a suspended sentence if they meet the following conditions.

Then one is a less serious circumstance, and the other is a manifestation of repentance. The other is a social hazard. So as long as you talk about it, the suspect of the crime of dangerous driving can be sentenced to a suspended sentence if he meets the situation that can be mentioned just now, that is, a suspended sentence.

[Legal basis].

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.