Drunk driving man crashed and escaped causing death, is the punishment for drunk driving suspected t

The punishment for drunk driving is indeed on the light side, and drivers who drive while drunk and run away and cause death should be sentenced to death.

Yes, this man not only drove drunk, but also hit and killed someone, and at least he was sentenced to life imprisonment.

No, with the improvement of laws and regulations in recent years, the punishment for drunk driving has been very high.

The penalties for drunk driving have not been reduced, but have become more and more severe. Drunk driving is not only irresponsible for oneself and one's family, but also irresponsible for the safety of other people's lives.

Personally, I think that the punishment for drunk driving is indeed light, and there should be zero tolerance for drunk driving from individuals to countries, and severe punishment should be given. Only by restricting drivers by law can we better reduce the occurrence of drunk driving.

1. How to punish a drunk driver who hits and kills a person and escapes.

1. The penalties for drunk driving and killing a person are as follows:

1) Where a drunk driver hits a person and escapes, constituting the crime of causing a traffic accident, and in accordance with the provisions of law, where the traffic accident hits Kai Mo Sun and escapes after the fact, or there are other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

2) Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. Legal basis for the suspension of the tour: 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.

2. How to punish traffic drunk driving.

Traffic drunk driving penalties are as follows:

1. Drinking and driving a motor vehicle, a fine of 1,000 yuan to 2,000 yuan, 12 demerit points and a temporary suspension of the driver's license for 6 months;

2. Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 points will be deducted, and the person shall be detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years. driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment is given;

3. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and a crime is constituted, criminal responsibility shall be investigated according to 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.

If a drunk driver hits a person and escapes after causing death, it is suspected of the crime of causing a traffic accident, and the victim's family may file a civil lawsuit attached to the criminal case to demand civil compensation from the defendant. Legal basis: Article 101 of the Criminal Procedure Law stipulates that where a victim suffers material losses as a result of the defendant's criminal conduct, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses the ability to act, the victim's legally-designated person or close relatives have the right to initiate an attached civil lawsuit.

If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.

Legal analysis: Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than 7 years.

Legal basis: Article 101 of the Law of the People's Republic of China on Road Traffic Safety Article 101 If a major traffic accident occurs in violation of the provisions of road traffic safety laws 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-obtain the motor vehicle driver's license 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, 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 provisions of the Criminal Law, a person who escapes after hitting and killing a person shall be sentenced to fixed-term imprisonment of not less than three attacks 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.

In accordance with the Criminal Law of the People's Republic of China

Article 133 [Crime of causing traffic accidents; 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.

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.

Specific judging criteria:

First, according to Article 133 of the Criminal Law, the crime of causing a traffic accident refers to an act that violates traffic management laws and regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property. There are three different levels of sentence, and the sentence is up to 3 years imprisonment or short-term detention; Where a person flees after causing a traffic accident or has other especially heinous circumstances, he is to 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.

Second, anyone who violates traffic management laws and 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. The so-called "occurrence of a major accident" refers to one of the following circumstances:

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 there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 the amount of 300,000 yuan or more.

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) Stopping and 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 has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of the accident in order to evade the law.

Third, there is another key factor in whether it constitutes a crime - how to determine the responsibility should be judged according to the "Accident Liability Determination" of the traffic management department.

Legal Analysis: 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 short-term detention; If the death is caused by escape, the sentence shall be imprisonment for not less than seven years. The so-called "death due to escape" refers to a situation in which the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the death of the suspect victim due to lack of assistance.

Therefore, an act of fleeing for a drunk driver is likely to directly lead to an increase in the sentence of 4 years.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 101 Anyone who violates the provisions of road traffic safety laws and regulations and causes a major traffic accident that constitutes a crime shall be investigated for criminal responsibility 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.

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