How to sentence the deceased in a drunk driving accident without compensation

shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

Based on the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of 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 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations 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 criminal 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.

The 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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under 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 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;

Legal analysis: If you die of drunk driving in a traffic accident, you shall bear all the property losses, and other people and institutions are not responsible for compensation, and generally the party who is drunk driving needs to bear all or the main responsibility for the traffic accident. Property losses caused to the other party shall be compensated with the legal property of the deceased during his lifetime.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.

The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.

Table 1 Threshold of blood alcohol content of vehicle drivers.

Driving behavior category thresholds.

Driving behavior category threshold (mg 100ml).

Drinking alcohol and driving 20, 80

Drunk driving 80

How to deal with the inability to compensate for the death caused by drunk driving: the injured party files a lawsuit with the court, and after the court judgment is issued, it applies for enforcement according to the judgment. Those who do not have the capacity to compensate may temporarily suspend it, and continue to perform the obligation to compensate after the capacity for compensation is restored.

The nature of the property to be enforced can be the property right, creditor's right, intellectual property right of the paying party, etc. In addition, the injured party may also apply to the court for property preservation.

[Legal basis].Article 244 of the Civil Procedure Law.

Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Article 254.

Where, after the people's courts have adopted the enforcement measures provided for in articles 242, 243, or 244 of this Law, the person subject to enforcement is still unable to repay the debts, they shall continue to perform their obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

Lawyer's analysis: Yes, the name of the lender is also required in the purchase contract, and the name of two people can be written in the purchase contract, and the real estate certificate is also the name of another person.

[Legal basis].

Law of the People's Republic of China on the Management of Urban Real Estate

Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.

Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When the real estate is transferred or changed, it shall apply to the local people's bridge Zhongmin ** real estate management department at or above the county level for the registration of real estate change, and apply to the people's ** land management department at the same level for registration of land use right change with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

The other party is suspected of traffic accidents, now involving two first, the first is whether the other party bears criminal responsibility, the second is about civil compensation, if the other party has compulsory traffic insurance and commercial insurance, then in the scope of compensation, your insurance company will compensate according to the amount of insurance, if the other party actively compensates, the criminal punishment will be lighter, but the other party does not compensate according to the statutory penalty is less than three years in prison, and it is also possible to sentence a suspended sentence, so there are procuratorial organs to prosecute the criminal side, and the civil part can be filed during the prosecution Criminal Incidental Civil Compensation.

Criminal Law of the People's Republic of China Article 133 [Traffic Accidents] Whoever violates traffic and transportation management laws and regulations, thereby causing 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 person escapes after causing a traffic accident or has other heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Where death is caused by escape, Hong Zhuyuan is to be sentenced to fixed-term imprisonment of not less than seven years.