Grade 8 disability in traffic accidents and drunk driving are not criminally responsible

Depending on the specific circumstances, if you bear the main responsibility for the above accidents, it will constitute the crime of causing a traffic accident and you will have to bear criminal responsibility. However, in reality, the criminal liability for traffic accidents is not very strict, and in many cases, as long as the victim is compensated, the criminal liability is no longer pursued.

Drunk driving traffic accidents are generally fully responsible. The specific responsibility shall be subject to the responsibility determination issued by the traffic police.

1) Administrative punishment for drunk driving accidents.

There are two types of administrative responsibilities for drunk driving, one is that drunk driving will have their license detained and fined; Second, drunk driving not only has to deduct the license and fine, but also has to be subject to administrative detention after sobering up. If you operate a motor vehicle after drinking, the corresponding liability is heavier, and the driver's license will be revoked if you are punished more than twice for drunk driving in one year, and you will not be allowed to drive a commercial motor vehicle for 5 years.

2) Civil liability for drunk driving accidents.

Where a traffic accident causes property damage to the victim, compensation shall be made for the direct and indirect losses of the injured person; If the victim's disability is caused, compensation shall be made for disability allowances, medical expenses, lost work expenses, mental damages, living expenses of dependents, and other expenses according to the specific circumstances; If the death accident is caused, compensation shall be made for death compensation, funeral expenses, mental damages, living expenses of dependents and other expenses. Regarding the calculation of moral damages, the fault of the tortfeasor is an important reference, and when a traffic accident occurs while driving under the influence of alcohol, the burden of this part of the cost is obviously heavier than that caused by non-drunk driving.

3) Criminal liability for drunk driving accidents.

Drunk driving is not only a disregard for the lives of others, but also a disrespect for one's own life, and it also endangers public safety. According to the provisions of China's Criminal Law, if a drunk driver causes an accident that meets the standards prescribed by law, he must bear the corresponding criminal responsibility.

Compensation for death caused by car accidents.

A traffic accident that results in a Class 8 disability is punishable. Legal basis: Article 313 of the Criminal Law (1997 revision) [Crime of refusing to enforce a judgment or ruling] Where a judgment of a people's court is inspected or a judgment is made and refuses to be enforced, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given.

Although the traffic bridge excavation accident caused a level 8 disability, if you are not fully responsible, you will not be sentenced, but our driver's license will be affected, so at this time, we should get in touch with the insurance company.

Will a traffic accident cause a grade 8 disability to be sentenced? If you are not driving under the influence of alcohol or driving while intoxicated, you will not be sentenced if you have paid the compensation.

Is there a sentence for a traffic accident that causes a grade 8 disability? I think this world Sakura orange depends on her own attitude towards the group, if the attitude is good, the money may not be, if you don't pay, you will be sentenced.

The traffic accident caused the taste of Baji Township, look at what, it will definitely be so serious as level eight.

Grade 8 disability is not the legal basis for pursuing criminal liability.

Criminal liability will only be pursued in the following cases:

In any of the following circumstances, 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.

Grade 8 disability is not a serious injury, there is no criminal responsibility, and there will be no sentence. As for the calculation of personal injury compensation, it is very simple.

Causing a grade 8 disability should not be considered a serious injury, and it should not be sentenced to criminal law. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law. The crime of traffic accident is a crime of negligence that endangers public safety.

This crime must have the serious consequences of a major accident causing serious injury or death to a person or causing significant damage to public or private property. This is one of the necessary conditions for the crime of traffic accident. Where the perpetrator violated transportation management regulations, but did not cause the serious consequences described above, this crime is not constituted.

If you seriously injure three or more people and bear full or main responsibility for the accident, it constitutes the crime of causing a traffic accident, and your situation will not be criminally liable;

There will be a part of the compensation of the compulsory liability insurance, and if you buy the three liability insurance, you will not pay much money.

First of all, it is necessary to see whether the crime of traffic accident is constituted in this case, and it is not clear from your situation whether it meets the constitutive elements of the crime of traffic accident.

Secondly, if it does not constitute the crime of causing a traffic accident, it is only because of the issue of compensation ability, which is an ordinary civil dispute.

Again, if it is not for the deliberate non-payment and does not constitute a crime, the court can enforce your property for compensation, or it can require you to pay it off in installments.

If it is a drunk driver and causes the disability of another person, the main responsibility for the accident is borne. He violated Article 133 of the Criminal Law and was suspected of causing a traffic accident and was sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Civil losses shall be compensated.

Driving under the influence of alcohol causes serious injury to a person and bears primary or higher responsibility for the accident shall constitute the crime of causing a traffic accident and the court shall sentence him to fixed-term imprisonment of not more than 3 years. Since the drunken offense is an aggravating circumstance, judging from the court precedents in the past one or two years, it is unlikely that a suspended sentence may be imposed. However, the specific sentencing range still depends on the compensation situation and whether the injured party has forgiveness.

It is recommended that the court be requested to give a lighter sentence in sentencing after actively negotiating compensation and actively seeking the victim's forgiveness. If possible, you can hire a professional lawyer to support you in terms of compensation and defense.

The trial basis for the crime of traffic accidents is mainly Article 133 of the Criminal Law and the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents", which you can also read yourself.

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.

There should be no criminal liability involved. However, it is subject to administrative liability and civil liability.

Zongheng Legal Network-Hunan Zhuojin Law Firm-Lawyer He Xiangqian.