Driving without a license, traffic accidents, driving without a license traffic accidents

Driving without a license is detained for 15 days and fined.

Legal analysis: driving without a license in a traffic accident is punished according to the crime of traffic accident.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a serious accident of serious assignment and early assignment, 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 traffic accident causes a dust sparrow and then escapes, 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.

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.

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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

Legal analysis: In practice, when driving a motor vehicle without a license in a traffic accident, when determining its liability, it is generally added to the normal responsibility on the basis of the responsibility.

When the two vehicles collided, the two parties played the same role in the traffic accident, and both parties should be equally responsible, but because the driver of car A did not have a driver's license, the traffic management department of the public security organ determined that the driver of car A was mainly responsible for the accident.

Driving without a license is undoubtedly illegal, but driving without a license does not necessarily lead to a traffic accident. The illegal act in a traffic accident should be understood as the illegal act of the driver driving the vehicle, such as: driving a vehicle with brake failure, resulting in an accident due to brake failure; Inattention, crashing into pedestrians at crosswalks, etc.

It cannot be broadened to mean illegal acts that are not directly causally related to the occurrence of accidents, such as driving without a license. Therefore, driving without a license in a traffic accident should not increase the liability of an unlicensed driver. Illegal acts of driving without a license shall be punished separately in accordance with the provisions of the Road Traffic Safety Law.

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

Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall contain the basic facts, causes, and responsibilities of the parties involved in the traffic accident, and serve them on the parties.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

Legal analysis: driving without a license is a traffic violation in China, on the one hand, such behavior will be punished by Yu Dupei, on the other hand, such behavior is also easy to cause traffic accidents. Driving without a license does not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle driven will be denied, and all the losses that should be borne shall be borne by the driver himself.

If a driver's license causes a traffic accident for which one person is killed or three or more persons are seriously injured, the crime of traffic accident is constituted; Driving without a license causes a traffic accident in which the main person is solely responsible, and seriously injuring more than one person constitutes the crime of causing an accident.

Legal basis: Article 1208 of the Civil Code of the People's Republic of China Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Dear, hello, I am happy to answer for you The owner of the car driving the vehicle without a license, resulting in a traffic accident, needs to be punished according to the severity of the accident, such as the owner of the car did not cause serious consequences, but only compensated the other party for the cost of repairing the car, generally will be detained for 15 days by the owner, and fined 200-2000 yuan. If the owner of the vehicle causes serious consequences, driving without a license is convicted of a traffic accident and will be sentenced to fixed-term imprisonment, which can be referred to the following legal provisions: According to 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 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 escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

First of all, the traffic accident liability certificate issued by the traffic police determines the accident responsibility. If the other party is fully responsible, the other party can be required to compensate. In general, the specific penalties that perpetrators may face are as follows:

1. Administrative punishment: The public security traffic management department shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained concurrently.

2. Criminal punishment: If serious consequences are caused, it may constitute the crime of causing a traffic accident. If a driver's license causes a traffic accident with primary responsibility, the crime of traffic accident is constituted only if one person is killed or three or more persons are seriously injured, and the traffic accident caused by driving without a license is constituted, and the crime of traffic accident is constituted if one or more persons are seriously injured.

The same is true for the corresponding traffic accident with an escape circumstance.

3. Liability for compensation: In the event of a traffic accident, if the unlicensed driver bears the main responsibility, he shall be liable for compensation. Driving without a license will not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle driven will be denied, and all the losses that should be borne shall be borne by the driver himself.

Article 99 of the Road Traffic Safety Law of the People's Republic of China has any of the following acts, the traffic management department of the public security organ shall be fined not less than 200 yuan but not more than 2,000 yuan

1) In any of the following circumstances, a person who has not obtained a motor vehicle driver's license, a motor vehicle driver's license has been revoked, or a motor vehicle driver's license has been temporarily detained, or a motor vehicle driver's license has been suspended, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention in any of the following circumstances

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. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Regarding the punishment of traffic accidents caused by driving without a license of motor vehicles, please refer to Article 99 of the "Road Traffic Safety Law": If one of the following acts is committed, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,021 yuan: (1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license for a motor vehicle has been suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident that does not constitute a crime; (4) The motor vehicle is driving more than 50% of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, and the order does not constitute a crime; (6) Forcibly passing in violation of traffic control regulations and refusing to heed dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; (8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

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 of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.