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If a traffic accident hits and kills, you can never apply for a driver's license again.
The second paragraph of Article 101 of the Road Traffic Safety Law of the People's Republic of China stipulates that 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.
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In this case, you can no longer apply for a driver's license, and you will be banned from driving for life. The death of a person in the event of a traffic accident is a serious traffic accident, which has constituted the crime of traffic accident escape and is subject to legal responsibility.
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If this is the case, it seems that there is a legal stipulation that it is not possible to apply for a driver's license again within five years, and it can be lifted after a certain number of years.
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If you have a traffic accident and escape and cause death, you can't apply for a driver's license, and if this happens, you will be banned from taking the test for life. Hope!
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Running away from a traffic accident is serious in itself and fatal is even more serious, and if your driver's license is revoked, you will not be able to get a driver's license for the rest of your life because you have violated the bottom line of the law.
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No, a traffic accident and escape cause death and a lifetime ban on driving.
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Definitely not, because you have violated the laws and regulations of the country
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Once you have passed this subject, you may need to be restricted from obtaining a driver's license for life. In serious cases, it may be up to seven years in prison.
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It depends on whether the punishment at that time is a lifetime driving ban.
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Revocation of driver's license. If there is an escape circumstance, there is a lifetime ban from driving. 1. Driving a motor vehicle in violation of the provisions of road traffic safety laws and regulations, causing a major traffic accident, constituting a crime; 2. Driving a motor vehicle and causing a traffic accident and then escaping; 3. 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 according to law, and 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.
Other circumstances for revocation of driver's license: 1. Driving a motor vehicle while intoxicated; 2. Handing 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 suspended; 3. Driving an assembled motor vehicle or a motor vehicle that has reached the scrapping standard on the road; 4. Road traffic offenders shall go to the Traffic Management Department of the public security organ within 15 days to call the world gate to be dealt with. If the disposition is not accepted within the time limit without a legitimate reason, the motor vehicle driver's license shall be revoked; 5. 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.
Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for 10 days, fined 2,000 yuan, and have their motor vehicle driver's license revoked. 6. 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 investigate criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. 7. Anyone who drives a 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.
8. Anyone who drives a motor vehicle while drunk 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 according to law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. Therefore, according to the above legal provisions, the crime of causing a traffic accident that causes death is subject to the revocation of the license.
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Legal Analysis: If a person escapes after causing death in a traffic accident, the public security organ will revoke the motor vehicle driver's motor vehicle driver's license, and he will not be allowed to re-obtain a motor vehicle driver's license for life.
Legal basis: "The People's Republic of China Guess Zhengguo Road Traffic Safety Law" Article 1 Zhaoye 101 If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, 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.
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Legal analysis: In the event of a major traffic accident resulting in death, the key to revoking the driver's license is to see whether the driver has committed the crime of causing a traffic accident. In the event of a major traffic accident, which constitutes a crime, the responsibility for criminal preparation shall be pursued 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.
Legal basis: "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 that causes 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 and escapes after causing a transportation accident or there are other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years. If the crime of causing a traffic accident is constituted, the driver's license of the motor vehicle will be revoked.
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If a hit-and-run accident results in death, you cannot retake your driver's license. According to the Traffic Law: 1. After the traffic accident occurs, if it does not constitute a crime, the traffic management department of the public security organ may impose a fine of not less than 200 yuan but not more than 5,000 yuan; 2. The traffic management department of the public security organ will revoke the motor vehicle driver's license, and the motor vehicle driving license shall not be obtained for life; 3. The motor vehicle driver's license shall be issued by the motor vehicle management department, and the decision not to re-obtain the motor vehicle driver's license shall be included in the national public security traffic management information system for life.
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Hit-and-run accidents that cause death are not allowed to take a driver's license. In the case of a hit-and-run, you are not allowed to get a driver's license again because you will be banned from driving for life. Whoever causes death as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years.
"Death due to a traffic hit-and-run" means that the perpetrator fled after a traffic accident to avoid legal prosecution, resulting in the death of the victim due to lack of assistance.
In any of the following circumstances, a traffic accident is classified as "having other particularly heinous stops and circumstances":
1. Two or more people are killed or five or more people are seriously injured, and they bear full or primary responsibility for the accident;
2. Six or more people died, and they were responsible for the accident and Jian Yujian;
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 more than 600,000 yuan.
The mental attitude of causing death due to a traffic hit-and-run should be limited to negligence, because the crime of traffic accident is a crime of negligence, and in order to maintain the purity of the crime, the mental attitude of its aggravated composition should also be negligence.
Legal basisArticle 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.
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You can't get a driver's license for a traffic hit-and-run. Article 101 of the Road Traffic Safety Law of the People's Republic of China stipulates that 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 driving license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driving license shall not be re-obtained for life.
1. Can a suspended sentence be given if there is a letter of understanding for hit-and-run causing death?
A traffic hit-and-run can be suspended with a letter of understanding, but the conditions must be met. The specific requirements are that criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the requirements that the circumstances of the crime are relatively minor, they show remorse, there is no danger of recidivism, and the suspended sentence has no major negative impact on the community in which they live.
2. How much is the compensation for the death of a person caused by a hit-and-run traffic accident.
1. Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.
2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. The specific amount is calculated based on the deceased's household registration (note that although the deceased has a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc.
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No, but it should be compensated.
The victim suffers personal injury, various expenses incurred due to medical treatment**, and the income lost due to lost work, including medical expenses (according to the receipt vouchers issued by medical institutions, hospitalization fees, etc.), lost work expenses (if the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income.) If the victim has no regular income, it is to be calculated on the basis of his average income in the last three years), nursing expenses (calculated with reference to the labor remuneration standards for local nurses engaged in the same level of care), transportation and accommodation expenses (based on official bills), hospital meal allowance (refer to the standard of food allowance for general staff of local state organs on business trips), and necessary nutrition expenses (to be determined with reference to the opinions of medical institutions). >>>More
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