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and where primary or full responsibility is borne, the crime of causing a traffic accident is constituted and a sentence of up to three years imprisonment is to be given.
Based on the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of 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.
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It has constituted the crime of causing a traffic accident, and the sentence is certain, generally about 3 years, of course, civil compensation is inevitable and must be compensated.
It is recommended that you go to the lawyer's post bar and ask the lawyer to analyze the situation.
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The crime of drunk driving and traffic accident is generally sentenced to less than three years and more than one year.
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Next, the public security bureau will arrest the driver for the crime of causing a traffic accident, and after the investigation is clear, it will be transferred to the procuratorate for prosecution, and the court will finally make a judgment, the sentencing standard is 3 to 7 years, and the compensation will be actively compensated, and the victim's forgiveness can be mitigated. As for the civil liability attached to the criminal case, depending on the compensation standard proposed by the victim's family, because it is drunk driving, the driver is presumed to be fully responsible!
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Suspected of causing a traffic accident and will be sentenced;
Article 133 of the Criminal Law [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.
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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.
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Just drunk driving will lead to jail and death, generally between 3 and 7 years.
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Three years in prison! Lifetime driving ban.
If you didn't run!
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If it occurs after 2011, it is convicted of dangerous driving and can be detained for up to 6 months.
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Hello! If it's now, drunk driving is a crime. It constitutes dangerous driving, but it is still immature in various places.
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In the case of drunk driving, it is punishable by 4 months of detention.
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According to Article 91 of the Road Traffic Safety Law of the People's Republic of China:
Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
Amendment (8) to the Criminal Law of the People's Republic of China
Adopted at the 19th Session of the Standing Committee of the 11th National People's Congress on February 25, 2011).
Two. Ten. 2. Add one article after Criminal Law article 133 to be article 133-1: "Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine.
Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. ”
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According to Article 133 of the Criminal Law of the People's Republic of China, 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 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.
In addition, according to 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".
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;
Therefore, it is necessary to look at the determination of the accident, and if the perpetrator is fully or primarily responsible, then he can be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If they are equally responsible, they are generally sentenced to up to three years imprisonment or short-term detention. However, in both cases, it is premised on the absence of escape causing death.
If it is an escape that results in death, then it is a different matter.
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As long as you do not flee the scene, it is a civil liability, and there will be no sentence, only financial compensation is required. If you flee the scene, you will be sentenced, even if you pay financial compensation.
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Specifically, the determination should be made on the basis of the actual circumstances at the time of the case.
In accordance with Article 133 of the Criminal Law, 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, 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.
In addition, according to 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".
Article 4 In any of the following circumstances, a traffic accident shall be "with 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) 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;
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Accident responsibility? Is there any unlicensed or drunk behavior? Generally less than three years.
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It depends on who is responsible, if the driver is drunk or deliberate, he will be sentenced, if the deceased will not be sentenced, but no matter whose fault it is, the driver will be compensated, China's unreasonable law is caused by the law, the law is not perfect.
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No, as long as it doesn't escape, it doesn't mean it, it won't.
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It depends on who is responsible for the accident, and if it is the driver, of course, the sentence will be imposed.
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It depends, generally not.
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If it's legal, don't drive without a license. Don't drive illegally. Just don't run away.
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What is the sentence for all of them?
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Guangdong lawyer Hu;
It is not an exaggeration for the deceased to ask for the funeral expenses, which are taken by the driver, and his family is not obliged to take the money;
Death compensation must be paid for death caused by traffic accidents, and the driver's sentence must be mitigated if the compensation is made.
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Actively cooperate, have a good attitude, and should be dealt with lightly It depends on the responsibility certificate presented by the transportation department to see what responsibility he is.
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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.
It can only help so much, you take a closer look, I hope the driver can deal with it lightly.
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If an accident results in one death and two injuries, the driver of the pickup truck will be convicted of a traffic offence.
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.
The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law. According to the theory of China's criminal law, the establishment of any kind of crime must have four constitutive elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime and the subjective aspect of the crime. That is, whether a traffic accident constitutes a traffic accident is determined by the only criterion for determining whether the crime constitutes the crime of the crime.
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If there is no escape, there is no serious violation of the road traffic safety law (such as drunk driving), such an injury should not constitute a crime, but you will be compensated for all (rights and responsibilities).
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Do you know Hangzhou 70 yards money relationship What is the sentence after having these two things.
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1: Brother, your father won't be around for too long, the most important thing is to sort out the deceased's funeral and financial compensation, and if the deceased's family doesn't tell him!
2: Up to six months.
3: As for the criteria for dividing according to what criteria, the court will give you an answer, if you think it is unreasonable, you can negotiate (just talk about whether you are able to repay so much money).
4: The deceased (no documents are not very useful, the other party overloads you will not have much responsibility) 5: There are both sides, this is for sure, it depends on the party that violates the law more (for example, the station side bears most of the money) will compensate more, but the deceased's money must be compensated, after all, it is a life!
Good luck, brother!
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Hello friend. First of all, your local statement cannot replace the law, the law is just and fair, there must be one or both parties at fault in the collision of two cars, and the distribution of responsibility depends on the traffic police to deal with and identify. If it is not intentional, it is only negligence, and it will not bear criminal liability, and it can only bear civil liability.
1. If the driver in the detention center is handled as a criminal case and it is more serious, the public security organ is generally required to apply to the procuratorate for arrest within 7 days, and the procuratorate will approve it within 7 days, and if the procuratorate does not approve the arrest, then the public security organ must immediately release or change the compulsory measures, such as release on bail pending trial or residential surveillance. If the procuratorate initiates a public prosecution, the time is 30 days, which means that less than two months usually elapse from detention to trial.
2. If a criminal case is constituted, the sentence is generally about three years, depending on the circumstances and consequences of the case.
3. The compensation depends on the fault of both parties, and the responsibility is shared according to the size of the fault.
4. The time of sentencing depends on the subjective fault of the parties and the consequences caused, as well as the circumstances and other factors.
In short, I hope you solve it smoothly.
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One dead and three injured on a motorcycle?
Brother: He's overloaded, okay.
The question of whether the death is justified is to compensate him from a humanitarian point of view, but the responsibility for the accident still needs to be clarified, and the relevant departments will make a determination of the responsibility for the accident, which is the basis for the claim.
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It has constituted a traffic hit-and-run crime.
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Second, with regard to the sentencing It has already constituted the crime of traffic hit-and-run, and it constitutes disability as you mentioned, and it should be sentenced If it can be proved that the impostor is the owner, the owner of the car can be determined, and the impostor is also guilty In short, the sentence is not particularly certain, but the compensation must be there, and it is not a matter of personal admission of guilt.
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This one definitely is. Surrender can be mitigated.
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It will be sentenced for many years, and it is better to turn yourself in. Can be mitigated.
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In the absence of intent, there is generally only civil liability.
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