Does a drunk driver hit and run have anything to do with a drinker?

Updated on society 2024-03-21
4 answers
  1. Anonymous users2024-02-07

    It has a lot to do with it, almost all of the responsibility for drunk driving after drinking is the drinker, and the court can base the sentence according to the severity of the collision.

  2. Anonymous users2024-02-06

    Legal Analysis: If a hit-and-run constitutes a crime, hit-and-run is more serious than drunk driving. Where a drunk driver hits and kills a person and a hit-and-run accident is a traffic accident, and a drunk driver hits and kills a person in violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death to a person, or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; Where hit-and-run causes death as a result of escape, the sentence is to be fixed-term imprisonment of not less than seven years.

    Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. 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.

    Article 133 of the Criminal Law of the People's Republic of China: 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. Article 133-1 Driving a motor vehicle on a road in any of the following circumstances is to 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 the conduct in the preceding two paragraphs constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of the heavier punishment. Article 133-2 Whoever uses violence or grabs control of a driving device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering the public safety of the dismantling state, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

    Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished 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.

  3. Anonymous users2024-02-05

    Legal Analysis: The crime of hitting and killing a person and escaping is more serious. Drunk driving itself is an offense. If a drunk driver hits and kills someone, he or she is primarily or wholly responsible for the accident.

    Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.

    If a person escapes after causing a traffic accident, 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.

    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, 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 shall 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.

  4. Anonymous users2024-02-04

    A drunk driver who intentionally hits and runs away constitutes the crime of causing a traffic accident. Whoever commits this crime and 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. If there is a traffic accident and then escape, or there are other particularly heinous circumstances, the sentence is to be between three and seven years and fixed-term caution and suffocation.

    [Legal basis].Article 133 of the Criminal Law.

    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 by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

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