A drunk driver crashed into one death and one injury, how to sentence without escaping?

Whether the perpetrator constitutes the crime of causing a traffic accident needs to be judged from the following two aspects: First, it depends on whether the perpetrator is subjectively negligent. If the perpetrator is subjectively negligent, it can constitute the crime of causing a traffic accident; If the perpetrator caused the traffic accident due to unforeseeable reasons, there is no guilt and therefore it cannot be found to be a crime.

Second, it depends on whether the perpetrator has committed a traffic violation and how much harm has been caused. The perpetrator must cause certain consequences due to the traffic accident and be responsible for the consequences before the traffic accident can constitute a traffic accident crime. For example, if the actor's behavior objectively caused some harmful result, but neither violated traffic management regulations nor was subjectively negligent, it should be an accident in a traffic accident.

If a traffic accident is constituted, positive compensation can be used as a condition for mitigating the sentence Generally 1 to 3 years, at worst three years, positive compensation may be given a suspended sentence, should not.

Generally, it is dealt with as a traffic accident.

In accordance with article 133 of the Penal Code, three different sentencing levels are established for traffic offences:

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years (in the minority sentenced to 15 years).

Article 133: [Crime of Causing Traffic Accidents] Violating traffic and transportation management regulations and causing serious injuries or deaths, or causing serious damage to public or private property, shall be sentenced to three term imprisonment or short-term detention; A sentence of 37 term imprisonment is to be given in a traffic hit-and-run accident or in a particularly heinous circumstance; Death by escaping shall be sentenced to seven terms of imprisonment Article 133 [Crime of Dangerous Driving] Short-term detention and fines for driving a locomotive on the road: (The circumstances of the chase and racing are heinous; (2) Driving a locomotive while intoxicated; (C) school bus business or passenger transport seriously exceeds the rated occupants or seriously exceeds the speed limit; (4) Violating the provisions on the safety management of hazardous chemicals, transporting hazardous chemicals, endangering public safety, and the locomotive station, the management of items 3 and 4 of the preceding paragraph, shall be directly responsible, and shall be punished in accordance with the provisions of the preceding paragraph; The preceding two paragraphs are isomorphic, and their crimes shall be convicted and punished in accordance with the provisions of the heavier punishment.

Legal analysis: According to the alcohol content of the driver's blood, it is judged whether he is drunk driving or drunk driving. If you drink and drive, you can be fined and your driver's license can be deducted. If you are drunk driving, it is a criminal offense and you are subject to criminal penalties.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the 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 of opening and destroying the register, follow the provisions for the heavier punishment at trial and sentencing.

Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.

The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.

Table 1 Threshold of blood alcohol content of vehicle drivers.

Driving behavior category thresholds.

Driving behavior category threshold (mg 100ml).

Drinking alcohol and driving 20, 80

Driving while drunk 80

Drunk driving and hit-and-run hitting and injuring a person will generally be found to be a traffic accident, and the sentencing standard is: up to three years imprisonment 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 or omission as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

【Legal basis】Dress up carefully

Article 133 of the Criminal Law 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.

A drunk driver who crashes a car and hits and hits and causes serious injury can be sentenced to more than seven years in prison, or even worse. In accordance with article 133 of the Criminal Law of the People's Republic of China, 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; Whoever flees after causing a traffic accident and escapes from the source 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; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. If a person is abandoned in a remote place and causes a person**, the shelter may also constitute the crime of intentional homicide or intentional injury.

Article 133 of the Criminal Law 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 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.

Legal analysis: If a drunk driver hits and kills two people and escapes, it is a traffic accident. Anyone who drives a motor vehicle while intoxicated and causes the death of one or more persons or the serious injury of three or more persons in a traffic accident, and bears all or the main responsibility for the accident, shall be convicted and punished as the crime of causing a traffic accident.

Whoever escapes after causing an accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not more than three years or not more than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China, a person who 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.

A drunk driver hit and killed two people and fled, which is suspected of constituting a traffic accident. And it belongs to the particularly bad circumstances. In accordance with the provisions of Article 133 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 4 of 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 if a traffic accident falls under any of the following circumstances, Wang Kaiyu shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years if he has "other particularly heinous circumstances": (1) Where two or more persons are killed or five or more persons are seriously injured, and the person bears full or primary responsibility for the accident; (2) Where six or more people are killed and 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. Article 133 68 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 especially heinous circumstances, he is to 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 escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Drunk driving hits and injures a person and escapes, constituting the crime of causing a traffic accident and the crime of dangerous driving, and is an imaginary joint offense, and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Where a person dies as a result of escape, he shall be sentenced to fixed-term imprisonment of not less than seven years. Imaginary competition refers to the perpetrator committing one criminal act with one subjective intention and committing two or more crimes, and the perpetrator is punished with a heavier punishment for the subjective intentional crime.