How to sentence a person for death caused by drunk driving?

1. If a drunk driver causes death, he must bear criminal responsibility.

The legal basis is the Criminal Law of the People's Republic of China

Article 133.

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 as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1 Anyone who drives 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 conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

2. Drunk driving bears the following legal responsibilities.

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.

1. If drunk driving causes death, if it is the main responsibility, then it is suspected of the crime of causing a traffic accident and needs to be investigated for criminal responsibility in accordance with the law.

2. According to the laws and regulations of our country, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

3. In addition, it is also necessary to bear the corresponding civil liability.

4. It is recommended to negotiate with the victim's family on compensation matters to obtain understanding and strive for a lighter punishment.

Legal analysis: According to the relevant laws and regulations of China, for the case of death caused by drunk driving, the perpetrator is in violation of traffic and transportation management regulations, and for the occurrence of a major accident, causing serious injury or death or causing major losses to public or private property, it is necessary to sentence up to three years imprisonment or criminal detention. Legal basis:

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 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 as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Where drunk driving causes the death of a person who suffers from fraud, the offender shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; if they flee after causing an accident or there are 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. A drunk driver who escapes in a major accident shall be sentenced to several years.

Where a major accident occurs as a result of drunk driving, 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 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. How to convict a person of death caused by a traffic hit-and-run.

Whoever causes death in a traffic hit-and-run accident shall be sentenced to fixed-term imprisonment of not less than seven years. Whoever commits the crime of causing a traffic accident shall be sentenced to three years imprisonment or short-term detention with envy; Where the brother who caused the traffic accident escapes after making a fuss or there are 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.

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations 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, 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. The above is the answer to this question.

3. What is the penalty standard for traffic accidents caused by drunk driving?

If the perpetrator has a traffic accident while driving drunk or drunk, he will generally be suspected of the crime of causing a traffic accident. The perpetrator of this crime shall generally 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.

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 as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Where a drunk driving accident causes death, it is a violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, and is generally sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Legal basis:

Article 133 of the Criminal Law "Knowing the Residue" violates the regulations on the management of transportation, 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 there are 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 is to be sentenced to imprisonment for not less than seven years.

According to the relevant provisions of the Criminal Law of the People's Republic of China, those who drink alcohol, take drugs, drive without a license, fail safety devices, overload, etc., shall be punished as the crime of causing a traffic accident. The sentencing for drunk driving causing death is:

1. Where drunk driving results in the death of one person or serious injury to three or more persons, or the death of three or more persons, and the driver bears all or the main responsibility for the accident, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with law.

2. Where drunk driving results in the death of 2 persons or the serious injury of 5 or more persons, or the death of 6 or more persons, and the driver bears all or the main responsibility for the accident, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years in accordance with law.

Where a driver escapes and causes the death of a person's mill, he shall be sentenced to fixed-term imprisonment of not less than 7 years in accordance with law, and where the victim is moved to a place where no one finds him or her due to evading legal responsibility, resulting in death, he shall be punished as the crime of intentional homicide.

Article 133 of the Criminal Law stipulates that whoever commits the crime of causing a traffic accident and violates the 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 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 escapes a nuclear belt and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

This distinguishes between two situations, where the understanding of the victim's family is obtained and the understanding of the victim's family is not obtained, and the judgment is not the same in the two cases.

Legal analysis: Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a person escapes after causing a traffic accident or has other heinous circumstances of Tebulangbe, 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.

The legal basis is the Criminal Law of the People's Republic of China

Article 133 Whoever violates the regulations on the administration of traffic and transportation, thereby causing a major accident and 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.