Drunk driving, causing 2 deaths and 2 serious injuries, how to determine responsibility

What you said is too general, is it a determination of legal responsibility?

Supreme People's Court.

Interpretation 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 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.

Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall 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.

Responsibility by the traffic management department of the public security organs to investigate the scene, investigation, inspection and identification, according to the traffic accident parties to the traffic accident to the role of the traffic accident and the severity of the fault, to determine the responsibility of the parties.

It constitutes a traffic accident, right, it seems that the sentence is less than 7 years? (if not escaping).

Driving under the influence of alcohol, causing two deaths, is a traffic offense. According to the provisions of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on transportation management, 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; 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. Is it a crime to cause death in a traffic accident?

constitutes the crime of causing a traffic accident. According to Article 133 of the Criminal Law of the People's Republic of China [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 for the destruction; 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. What is the criminal responsibility for the person who was killed in a car collision?

The criminal liability for the death of a person hit by a car is as follows:

1. 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;

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 Criminal Law of the People's Republic of China stipulates that a person who 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 criminal 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.

3. How to punish people who cause death and escape.

A person who escapes after causing death in a traffic accident constitutes the crime of causing a traffic accident and is generally sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Criminal Law of the People's Republic of China

Article 133 [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.

Legal analysis: The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault. If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility.

Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the behavior of the parties in the occurrence of road traffic accidents, the role played by filial piety and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Legal Analysis: The act of drunk driving is illegal, and if the act of drunk driving causes the death of two people, it constitutes a crime and needs to bear certain criminal liability. And the person concerned cannot re-obtain a driver's license for the rest of his life.

According to the relevant provisions of Article 133 of the Criminal Law of the People's Republic of China, under normal circumstances, the crime of causing a traffic accident is punishable by criminal detention or up to three years imprisonment.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident that causes serious injury or death to a person or causes 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.

Summary. Dear, <>

Hello, it is a pleasure to answer this question for you Drunk driving causes a traffic accident, resulting in one death and three serious injuries, and the perpetrator shall bear criminal responsibility and be sentenced to 3-7 years in prison; administrative liability, with a higher proportion of fines and revocation of driver's licenses; civil liability, compensation for the loss of the dead and injured; Apologize for responsibility, publicly apologize and apologize. The degree of responsibility will be determined according to the specific circumstances of the case, and it is a serious responsibility, and the perpetrator should bear the corresponding legal consequences. According to Article 101 of the Road Traffic Safety Law of the People's Republic of China, drunk driving is a serious violation of road traffic safety management rules, and a fine of not less than 200 yuan but not more than 2,000 yuan and a driver's license is revoked for 3-6 months.

In view of the major personnel accidents, the punishment will generally be heavier.

What kind of legal responsibility should be borne in a traffic accident caused by drunk driving, resulting in the death of one person and serious injury of three people?

Dear, <>

Hello, it is a pleasure to answer this question for you Drunk driving causes a traffic accident, resulting in one death and three serious injuries, and the perpetrator shall bear criminal responsibility and be sentenced to 3-7 years in prison; administrative liability, with a higher proportion of fines and revocation of driver's licenses; civil liability, compensation for the loss of the dead and wounded; Apologize for responsibility, publicly apologize and apologize. The degree of responsibility will be determined according to the specific circumstances of the case, and it is a serious responsibility, and the perpetrator should bear the corresponding legal consequences. According to Article 101 of the Road Traffic Safety Law of the People's Republic of China, drunk driving is a serious violation of road traffic safety management rules, and a fine of not less than 200 yuan but not more than 2,000 yuan and a driver's license is revoked for 3-6 months.

In view of the major personnel accidents, the punishment will generally be heavier.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases shall compensate the deceased's family for funeral expenses and other direct losses. According to the Provisions of the Supreme People's Court on Several Issues Concerning Joint and Several Liability for Compensation for Traffic Accident Damages, it is necessary to bear part of the joint and several liability for compensation for the death of traffic accidents. Article 133 of the Criminal Law of the People's Republic of China

Drunk driving is dangerous driving, resulting in the death of one person and serious injury of three persons, and shall be convicted of dangerous driving and sentenced to 3 to 7 years' imprisonment.

In any of the following circumstances, 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 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 that is unlicensed or has been scrapped; 5) Driving with serious overload; 2.The specific criminal liability recommendation is subject to the investigation results of the investigating agency and is determined by the court;

Whoever, on the basis of article 133 of the Criminal Law of the People's Republic of China, 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; 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.

With regard to compensation, the injured party may file a civil lawsuit attached to the criminal case at the same time as the criminal trial to claim compensation, and the specific amount shall be subject to the actual losses. According to the Supreme People's Court's "Answers to the Application of the Criminal Procedure Law of the People's Republic of China", the scope and standard of civil compensation attached to criminal cases are:

1. Personal injury compensation (1) Medical expenses: according to the actual expenses incurred, to the extent that the physical injury is necessary from a medical point of view, excluding the expenses incurred due to plastic surgery and ****. (2) Lost time pay:

It is limited to the actual withholding of the victim's work unit, and is not higher than three times the average local standard of living. (3) Nursing expenses: refers to the actual expenses of nursing staff according to the needs of medical treatment.

It is limited to no more than the actual income of the hospital nursing staff. (4) Transportation expenses: limited to necessary and actual expenses.

5) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for general staff of local state agencies. (6) Living expenses of dependents:

According to the degree of the victim's inability to work, it is calculated on the basis of the per capita consumption expenditure standard of urban residents in the previous year at the location of the court. (7) Funeral expenses: calculated on the basis of the average monthly wage of employees in the previous year at the location of the court, calculated on the basis of the total amount for six months.

2. Compensation for property damage.

1) Property losses of natural persons, legal persons or other organizations that have suffered damage as a result of criminal acts. (2) Economic losses that are inevitable from the property damaged by the criminal act, such as repair costs.

1. If the crime of endangering public safety is constituted, the maximum penalty is the death penalty, and many provincial courts have precedents;

2. If the crime of causing a traffic accident is constituted, the sentence will generally be fixed-term imprisonment of not more than three years or criminal detention (with the possibility of probation), and if there are other particularly heinous circumstances, it will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

3. For details, please refer to the Criminal Law (Amendment VIII) and 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.