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Whoever violates traffic and transportation regulations in accordance with Article 133 of the Criminal Law of the People's Republic of China, thereby causing a major accident that 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.
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.
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 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.
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Where a traffic accident hits a person and then escapes, criminal responsibility shall be pursued on the basis of the consequences caused. Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates the laws and regulations on the administration of traffic and transportation, 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 criminal detention, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years if he escapes after causing a traffic accident or has other particularly heinous circumstances. The penalty for causing death by escaping is not less than seven years' imprisonment.
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Legal Analysis: If a person escapes after hitting a person with a car, and has constituted the crime of causing a traffic accident, he will be subject to a criminal penalty of fixed-term imprisonment of not less than 3 years to 7 years. In the event of the death of the person who escaped, he shall be punished by imprisonment for a term of not less than 7 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 the Road Traffic Safety Law and regulations, and a crime is constituted, 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-bury the spring to obtain the motor vehicle driver's license for the rest of his 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, 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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A person who hits a person with a car and escapes, and has already committed the crime of causing a traffic accident, will be subject to a criminal penalty of fixed-term imprisonment of not less than 3 years to 7 years. In the event of the death of the person who escaped, he or she shall be punished with imprisonment for a term of not less than 7 years. Legal basis:
Road Traffic Safety Law of the People's Republic of China》 Article 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime of simple trembling, 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. 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. Criminal Law of the People's Republic of China Article 133 Whoever violates the laws and regulations on the administration of transportation, 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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If it does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan and detain it for not more than 15 days, and if a crime is constituted, it 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.
Legal basis:Article 133 of the Criminal Law.
Whoever violates traffic and transportation management regulations, resulting in a serious rock crash, 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 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.
Paragraph 3 of Article 99 of the Road Traffic Safety Law.
Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
3) Creating a state that causes a traffic accident and then fleeing, which does not constitute a crime. Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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Penalty for driving into and escaping: If there is no serious injury or death in the accident, the fleeing driver shall bear the main or full responsibility for the accident, but it does not constitute the crime of causing a traffic accident, and he may be fined not less than 200 yuan but not more than 2,000 yuan, and sentenced to administrative detention of not more than 15 days, with 12 points.
Legal basis:
Article 101 of the Road Traffic Safety Law of the People's Republic of China.
In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs in the heavy section of the section, constituting a crime, criminal responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.
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.
Whoever violates traffic and transportation management regulations, 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 detained for public or private labor; 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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Where a driver hits and escapes with a car, it constitutes the crime of causing a traffic accident and 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. Traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution.
Legal basis:Article 133 of the Criminal Law.
Anyone who violates traffic and transportation management regulations and causes a major accident in the register, 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 particularly 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.
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1. Article 133 of the Criminal Law of the People's Republic of China 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;
2. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the death of a person is caused by escape, a sentence of 7 or more years imprisonment is to be given, and a determination of escape after a traffic accident is to be given;
3. First of all, the prerequisite for a traffic hit-and-run is "to evade legal prosecution", and secondly, there is no time and place limit for a traffic hit-and-run, and it should not only be understood as "fleeing the scene of the accident".
4. Where there is a traffic hit-and-run or other particularly heinous circumstances, it is an aggravating circumstance of the crime of traffic accident. To constitute an aggravating circumstance, it is first required that the perpetrator's act of causing a traffic accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident; secondly, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have a motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act;
5. Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run. Finally, the so-called hit-and-run traffic mainly refers to the situation where the victim can flee from the scene, but the victim can also flee after being sent to the hospital, or even hide at the scene.
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