Traffic violations are punishable by jail time, really?

Violations should not be, violations may be. Thanks, hope!

Legal analysis: The cancellation of the driver's license during the sentence leads to the cancellation of the trial, and the solution depends on the type of crime and the length of the sentence. According to the regulations:

If a motor vehicle driver is unable to renew his driver's license within the specified time, verify it, or submit a certificate of physical condition due to military service, going abroad (outside the territory) or other reasons, he may apply to the vehicle management office at the place where the motor vehicle driver's license is issued for an extension.

Legal basis: Road Traffic Safety Rolling Law of the People's Republic of China

Article 113: The period for temporarily seizing a motor vehicle driver's license is calculated from the date on which the penalty decision takes effect; Where the driver's license of a motor vehicle is detained before the penalty decision takes effect, the period of temporary detention shall be reduced by one day for each day of detention.

The time limit for re-applying for a motor vehicle driver's license after the revocation of the motor vehicle driver's license shall be handled in accordance with the provisions on the administration of motor vehicle driver's licenses.

Article 114 The traffic management department of the public security organ may, on the basis of the traffic technical monitoring records, punish the owner or manager of the motor vehicle who violates the law in accordance with law. Where the driver can be determined, punishment may be given in accordance with law in accordance with the provisions of this Law.

1. Do you need to go to jail for breaking the law?

1. Whether to go to jail for violating the law should be judged according to the specific circumstances

1) A general violation of the law, but a violation of the prohibitions of the law, the circumstances are obviously minor, and no sentence is required, but the corresponding administrative punishment is required. Such as warnings, fines, detention, etc., do not need to go to jail;

2) Intentional crime is committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. If you commit an intentional crime, you should bear criminal responsibility and go to jail.

2. Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China.

Types of administrative penalties:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

II. What are the constitutive elements of an administrative violation?

The constitutive elements of an administrative offense are as follows:

1. The subject of the illegal act must be an administrative subject. The actor's qualifications as an administrative subject are a prerequisite for an administrative violation. Only the acts of administrative subjects may constitute administrative violations, and the acts of non-administrative subjects cannot constitute administrative violations.

2. The perpetrator has relevant legal obligations. Administrative entities enjoy the power of administrative management in accordance with the law, and must perform corresponding duties and obligations at the same time. The legal obligations of one administrative entity do not necessarily apply to other administrative entities;

3. The perpetrator has not performed a statutory obligation. If the administrative subject has an obligation, then the failure to perform or assume this obligation can constitute an administrative violation;

4. The perpetrator is subjectively at fault. Subjective fault is the state of mind of the perpetrator at the time of carrying out the act.