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How to punish traffic hit-and-run.
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For the determination of hit-and-run after a traffic accident, firstly, the prerequisite for a hit-and-run is "to evade legal prosecution", and secondly, there is no limitation on time and place for a traffic hit-and-run, and it should not only be understood as "fleeing the scene of the accident", but also as "fleeing after a traffic accident" if the injured person does not flee (or fails to escape) the scene of the accident after the accident, but escapes after sending the injured person to the hospital or waiting for the traffic management department to deal with it.
Where there are traffic hit-and-run accidents or other particularly heinous circumstances, it is an aggravating circumstance for the crime of traffic accidents. To constitute an aggravating circumstance, it is first required that the perpetrator's act of causing a traffic accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident;
Second, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have the motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act.
Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run.
Finally, the so-called traffic hit-and-run mainly refers to the situation of fleeing from the scene, but the victim can also flee after being sent to the hospital, or even hiding at the scene.
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The Criminal Law stipulates that a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall 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 a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years.
Article 92 of the Road Traffic Safety Regulations: If a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.
Traffic hit-and-run refers to an illegal act in which a party knows that he or she has had a traffic accident and deliberately flees the scene of the accident without reporting the case to the public security organ in order to evade responsibility for the accident. There are two scenarios:
1. Both people and vehicles fled the scene of the accident after the accident;
2. Abandon the car and escape, that is, the party leaves the car at the scene and the person flees the accident scene.
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How to punish traffic hit-and-run.
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If it has not yet constituted a crime, the traffic management department of the public security organ may impose an administrative penalty of a fine of not less than 200 yuan but not more than 2,000 yuan. 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. Where a crime is constituted, and fleeing after causing a traffic accident or there are other especially heinous circumstances, a sentence of between 3 and 7 years imprisonment is to be given.
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Hello dear! According to Article 136 of the Road Traffic Safety Law of the People's Republic of China, if a motor vehicle escapes after a traffic accident, the traffic management department of the public security organ shall deal with it in accordance with the following provisions: (1) The responsible personnel and the parties shall revoke the motor vehicle driver's license; (2) The person concerned is detained for 15 days and fined; (3) Responsible personnel and party personnel are detained for 15 days or more, trapped for more than 3 months, and fined; where the circumstances are more serious, the motor vehicle driver's license is to be revoked.
As a result, hit-and-run is subject to penalties such as the revocation of a motor vehicle driver's license, as well as possible detention or fines. Depending on the circumstances, the severity of the punishment varies. It is worth noting that the new traffic regulations have clearly stipulated the penalties for hit-and-runs, aiming to strengthen the crackdown on traffic violations and improve road traffic safety.
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Summary. Hello, if the traffic hit-and-run does not constitute a crime, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and a concurrent detention of not more than 15 days shall be imposed; If a major accident or serious consequences are caused, constituting the crime of causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license and prohibit driving for life. It is also necessary to bear the corresponding criminal responsibility, that is, the punishment of fixed-term imprisonment of not less than three years but not more than seven years.
Hello, if the traffic hit-and-run does not constitute a crime, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and a concurrent detention of not more than 15 days shall be imposed; If a major accident or serious consequences are caused, constituting the crime of causing an accident early, the traffic management department of the public security organ shall revoke the driver's license of the motor vehicle and prohibit driving for life. It is also necessary to bear the corresponding criminal responsibility, that is, the punishment of fixed-term imprisonment of not less than three years but not more than seven years.
Article 133 of the Criminal Law, Whoever violates the laws and regulations on the administration of transportation 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; Where a traffic raid is carried out and an accident is caused and then escapes, or there are other especially heinous circumstances, a sentence of between three and seven years is to be given, and fixed-term 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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