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Driving without a license refers to the driving of a motor vehicle when the driver's license does not match the driver's license and the driver's license expires without replacing the corresponding legal driving certificate.
Driving without a license and not causing a traffic accident shall be fined not less than 200 yuan but not more than 2,000 yuan and shall be detained for not more than 15 days.
Article 99 of the Road Traffic Safety Law of the People's Republic of China stipulates that anyone who commits 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: (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 motor vehicle driver's license has been suspended; Where the perpetrator has the circumstances in item (1) of the preceding paragraph, they may be concurrently sentenced to up to 15 days of detention.
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Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, during the period when the motor vehicle driver's license has been revoked or suspended, or who hands over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.
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How to punish driving without a license.
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Where a motor vehicle driver hands over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, the motor vehicle driver's license shall be detained, and the motor vehicle driver's license may be revoked concurrently.
Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, during the period when the motor vehicle driver's license has been revoked or suspended, or who hands over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.
Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.
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The penalties for driving without a license are as follows: mold height
Road Traffic Safety Law of the People's Republic of China" Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
According to Article 90 of the Road Traffic Safety Law, if a motor vehicle driver violates the road traffic safety laws and regulations on road traffic, he shall be fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.
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1. How is the penalty for driving without a license.
1. The penalties for driving without a license are as follows:
1) If driving without a license and hitting a person without causing a major accident, he may be administratively punished, detained or fined;
2) If serious injury is caused, it may be sentenced to fixed-term imprisonment of not more than 3 years, and if there is escape, it may be sentenced to fixed-term imprisonment of 3-7 years;
3) Whoever causes death by escaping may be sentenced to fixed-term imprisonment of not less than 7 years.
2. Legal basis: Article 19 of the Road Traffic Safety Law of the People's Republic of China.
To drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with law.
To apply for a motor vehicle driver's license from the Machinery and Grinding Bureau, you shall meet the driving permit conditions stipulated by the public security department; After passing the examination, the traffic management department of the public security organ will issue a motor vehicle driving license of the corresponding category.
Holders of overseas motor vehicle driver's licenses, who meet the driving permit conditions stipulated by the public security department, and pass the assessment of the traffic management department of the public security organ, can be issued with a Chinese motor vehicle driver's license.
The driver shall drive the motor vehicle in accordance with the permitted driving type indicated on the driver's license; When driving a motor vehicle, you should carry your motor vehicle driver's license with you.
No unit or individual other than the traffic management department of the public security organ shall confiscate or detain the driver's license of the motor vehicle.
2. What are the criteria for determining driving without a license?
1. Without a driver's license, the driver is driving a motor vehicle without a driver's license, which is regarded as driving without a license;
2. If the driver does not carry a driver's license and the driver does not carry a driver's license, it will be regarded as driving without a license;
3. The model driven does not belong to the quasi-driving type of the driver's license, and the driver's motor vehicle license does not match the model of the motor vehicle he is driving, and it is regarded as driving without a license;
4. Fake or expired driver's license, driver's license obtained by forged or altered driver's license or other illegal means, or the driver's license has expired and expired, or has been suspended, revoked or revoked, shall be regarded as driving without a license;
5. Those who drive on domestic roads with a foreign motor vehicle driver's license and drive in China with a foreign driver's license without going to the vehicle management office for certification and training are deemed to be driving without a license.
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Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days. According to the relevant provisions of the "Road Traffic Safety Law", a person who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days. If driving without a license violates the criminal law, causes a traffic accident, causes a major accident or causes major losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 95 of the Road Traffic Safety Law If a motor vehicle driving on the road does not hang a motor vehicle number plate, does not place an inspection mark or insurance mark, or does not carry a driving license or driver's license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle, notify the parties to provide the corresponding license plate or sign or go through the corresponding formalities, and may be punished in accordance with the provisions of Article 90 of this Law. Where the parties provide the corresponding licenses or signs or go through the corresponding formalities, the motor vehicles shall be returned in a timely manner. Those who intentionally cover up, deface, or do not follow the provisions to install motor vehicle number plates shall be punished in accordance with the provisions of Article 90 of this Law.
Article 91 of the Road Traffic Safety Law Whoever drives a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the motor vehicle driver's license and a fine of 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. 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 motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated 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; Within ten years, the motor vehicle driver's license shall not be re-obtained, and after the motor vehicle driver's license is re-obtained, the motor vehicle shall not be driven to imitate the operating motor vehicle. 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 the 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.
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