How to punish people for hitting people without a license, and how to punish people after hitting pe

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.

Article 133 of the Criminal Law of the People's Republic of China [Crime of Causing Traffic Accidents] 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 up to three years imprisonment 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, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2 .Where 3 or more people are killed, they bear equal responsibility 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 the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.

According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;

4 .A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: (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 the accident in order to evade legal prosecution.

Driving without a license can be divided into the following situations (one of which can be recognized as driving without a license):

You can choose to be private, you can go to surrender, and the punishment of detention.

1. Do you have to go to jail if you hit and kill someone in the blind spot of a truck?

1. After driving without a license and hitting someone, punishment will be given according to the circumstances. Specifically:

1) Driving without a license and hitting a person, causing serious injury or death to a person, or causing major losses to public or private property, and bearing primary or full responsibility, constitutes the crime of causing a traffic accident, and the criminal suspect will be sentenced to up to three years imprisonment or short-term detention by the people's court;

2) After driving without a license and hitting someone, if the circumstances are minor and it does not constitute a crime, it will be punished by the public security administration.

2. Legal basis: 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 criminal detention for a lifetime; 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. What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the fact that the perpetrator's mental attitude towards the serious consequences of the accident may be either knowingly committed or negligent in terms of the duty of care for violating the traffic and transportation management regulations, which does not affect the establishment of the crime of causing a traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Summary. 1. Traffic accidents are divided according to the causes of the formation. If you drive without a license, you don't necessarily have to take on too much responsibility.

1. Traffic accidents are divided according to the causes of the formation. If you drive without a license, you don't necessarily have to take on too much responsibility.

2. If the person who was hit is driving without a license, he will be subject to a separate administrative punishment. If he drives without a license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on Wang Yanji, and may also detain jujube pants for up to 15 days.

Dear, do you understand?

If the party being hit is not wearing a safety helmet and driving without a license, dear, the general meaning of the question is that the other party has such a fault, is it to reduce your responsibility, right?

Is the other person riding an electric car or a motorcycle?

Electric car, not wearing a safety helmet, driving without a license.

The fact that the other person is not wearing a safety helmet and driving without a license does not necessarily reduce your responsibility. As I said earlier, the identification of the accident mainly refers to the fact that the group is the cause of the formation of the scum.

In the case of an accident formed by three parties, the owner of the accident does not need to bear full responsibility.

Dear, that needs to see the reason for the formation!

The owner of the car dodges the unlicensed and unlicensed motorcycles across the road and hits the people next to them, and the owner of the car does not need to pay full responsibility for this accident.

For the person who was hit, the car bears full responsibility. We are driving, and the only reason that Cong Socks often talks about is to let Su Buhong Zheng Pei give way! It is to avoid this kind of accident.

Looking at the overall accident, the owner of the car will still be primarily responsible. This is mishandling.

If the owner directly hits the unruly motorcycle, he may be equally or secondarily liable.

This is not directly related to whether the motorcycle is licensed or not, whether it wears a helmet or not.

Juveniles who drive without a license and hit a person who is 16 years old and return to the car without a license to roll around shall bear criminal responsibility, and if they are under the age of 16, the criminal punishment may be commuted, and the guardian shall bear civil liability, and the punishment for driving a motor vehicle without a license and driving a motor vehicle that does not match the type of motor vehicle that is allowed to drive shall be applicable to the provisions of the first paragraph of Article 99 of the Road Traffic Safety Law.