Drunk driving crashes, people are fine, will you be sentenced if you are caught How long is the sent

It is necessary to distinguish between drunk driving and drunk driving, if the drunk driving standard is met. It is a criminal offense because according to Article 123 of the Criminal Code, there is no exception to driving while intoxicated, as long as driving while intoxicated constitutes the crime. The term of imprisonment is not less than one month but not more than six months.

Article 133 of the Criminal Law [Traffic Accident Crime; Dangerous driving] 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.

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, shall be sentenced to short-term detention and a concurrent fine.

Article 42 of the Criminal Law [Period of Short-term Detention] The period of short-term detention is between one month and six months.

Detention, revocation of driver's license, fines, it's easy to say that you didn't escape,

Anyone who 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. 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; No maneuver may be regained for a period of five years.

Detention, revocation of driver's license, fine, no escape.

1. 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;

2. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license temporarily detained for not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan; 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 shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

3. If the grandson drives a motor vehicle after drinking, the motor vehicle driver's license shall be suspended for three months and a fine of 500 yuan shall be imposed; Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan. Where there is an act of driving a motor vehicle while intoxicated as provided for in the preceding two paragraphs within one year, and the person is punished more than twice, the motor vehicle driver's license shall be revoked, and the motor vehicle shall not be driven for five years.

Legal basis: Article 4 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" In any of the following circumstances, a traffic accident is classified as "having other particularly heinous circumstances" and is 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;

2) Where six or more people are killed, and 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 for an amount of 600,000 yuan or more.

If a drunk driver hits a person, causing serious injury to one or more persons, and bears all or the main responsibility for the accident, he is suspected of the crime of causing a traffic accident, and is sentenced to fixed-term imprisonment of not more than three years or short-term detention in accordance with the provisions of the Criminal Law.

If the secondary responsibility for serious injury or accident is not reached, it does not constitute a crime and does not bear criminal responsibility, but it must be punished for drunk driving, and bear the civil compensation responsibility for the completion of the bridge.

If the standard for drunk driving is met, criminal responsibility shall be pursued in accordance with the crime of dangerous driving, and in accordance with the provisions of the Criminal Law, criminal detention and fines shall be imposed.

1. How to deal with a drunk driver who hits a dead person and escapes.

Whoever, in accordance with the provisions of the Criminal Law, 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 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 relevant judicial interpretations, a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: 1. Whoever dies one person or seriously injures three or more people, and bears full or primary responsibility for the accident; 2. If three or more people die, they are equally responsible for the accident; 3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

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 without a license or scrapped; 5. Driving with serious overload; 6. Fleeing the scene of an accident in order to evade legal prosecution.

Article 91 of the Road Traffic Safety Law stipulates that a person who 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.

Summary. From this provision, it can be seen that the conditions for sentencing a person who is killed by driving are that one or more people have died, and the driver has violated traffic and transportation regulations, on the contrary, if the driver of a motor vehicle hits and kills a person under normal driving, he will not be sentenced.

There is a person who was killed by a drunk driver a few years ago and was not sentenced, and now he finds that he continues to drive, what should he do?

Hello, I am a cooperative lawyer who consulted, I have received your question, and the current consultation person is more than Haha Please wait for 2 minutes, I am helping you solve the problem.

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 management of transportation and thus causes a major accident, causing serious injury or death, or the person who talks in the group causes major losses to the public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

From this provision, it can be understood that the conditions for sentencing a person who killed a person by driving are that one or more people have died, and the driver has violated traffic and transportation regulations, on the contrary, if the driver of a motor vehicle hits and kills a person under normal driving conditions, he will not be sentenced. Eggplant fiber.

Therefore, the key to whether a person who is killed by driving is whether the driver of the motor vehicle violates the traffic and transportation management regulations.

Generally, if a person is killed by a drunk driver, the sentence shall be between fixed-term imprisonment of not more than 3 years or criminal detention.

Drunk driving and killing a person is a crime of negligence, and drinking to get drunk is an intentional act, but drinking alcohol is not the direct cause of hitting and killing a person, and negligent behavior in driving is the direct cause of hitting and killing a person. Driving while intoxicated is just an aggravating circumstance.

In this case, it needs to be looked at specifically, this needs to be dealt with specifically, if it is said that it is a drunk driver who hits and kills someone, then this also needs to be seen specifically.

Carry forward the silver hail of social justice, highlight the value of legal Zen, and maintain personal dignity, I am very happy to serve you, and if you have any questions, please come to the platform for consultation I wish you all the best! Have fun! He Bo accompanyed.

The sentence for drunk driving and hitting a person is to be handled in accordance with the crime of causing a traffic accident, and the sentence for causing serious injury is up to 3 years imprisonment, for those who escape, for 3-7 years imprisonment, and for those who cause death due to escape, for more than 7 years imprisonment.

1. How long does it generally take to be sentenced for drunk driving and hitting people?

The sentence for drunk driving is handled as the crime of causing a traffic accident, according to 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, 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.

II. Determination of traffic hit-and-run

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 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator who has one of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation, and flees after a traffic accident in order to avoid legal investigation.

That is, the so-called traffic hit-and-run is the act of the perpetrator who has the following circumstances in the traffic accident and flees because he escapes from legal prosecution:

1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2. If three or more people die, they are equally responsible for the accident;

3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of more than 300,000 yuan;

4) Driving a motor vehicle after drinking or taking drugs, causing serious injury to one or more people, and bearing full or primary responsibility for the accident;

5) Driving a motor vehicle without driving qualifications and causing serious injury to more than one person, and bearing full or primary responsibility for the accident;

6) Driving a motor vehicle with incomplete safety devices or malfunctioning safety parts, causing serious injury to one or more persons, and bearing full or primary responsibility for the accident;

7) Knowingly driving a motor vehicle without a license or scrapped and causing serious injury to more than one person, and bearing full or primary responsibility for the accident;

8) Serious overloading driving causes serious injury to more than one person, and bears full or main responsibility for the accident.

Drunk driving hits people is a serious infringement of the legitimate rights and interests of others, for the driver's drunk driving behavior, to meet the standard of drunk driving is to pursue criminal responsibility, in addition to the specific treatment standards for different consequences are also different, if the handling of the relevant situation is not clear, you can consult a lawyer to define.