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Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
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.
Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years
1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;
2) Where six or more people are killed, and 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 for an amount of 600,000 yuan or more.
Article 5: "Death caused by escape" refers to situations where the perpetrator flees to avoid legal prosecution after causing a traffic accident, resulting in the victim's death because they cannot be rescued.
Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, it is to be punished as an accomplice to the crime of causing a traffic accident.
Article 6: Where, after causing a traffic accident, in order to avoid legal prosecution, the perpetrator takes the victim away from the scene of the accident and hides or abandons it, causing the victim to die or be seriously disabled because the victim is unable to receive assistance, it shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.
Article 7: Where unit managers, motor vehicle owners, or motor vehicle contractors instigate or compel others to drive in violation of regulations and cause major traffic accidents, and have any of the circumstances provided for in article 2 of this interpretation, they are to be convicted and punished as the crime of causing a traffic accident.
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This will depend on the outcome of the hit-and-run.
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Pull it out and kill it, what kind of thing did you run away from?
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Legal analysis: A motor vehicle hit-and-run was sentenced to more than three years and Kaichang was sentenced to fixed-term imprisonment of not less than seven years for the crime of traffic accident.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the 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 person escapes after causing a traffic accident or has other particularly heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; 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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Legal analysis: Whoever is involved in a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Traffic hit-and-run refers to the behavior of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident that causes serious injury to a person or causes widespread death, or causes 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 there are other particularly heinous circumstances in which the person flees or is bored, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; 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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1. Administrative punishment According to the relevant provisions of the "Road Traffic Safety Law of the People's Republic of China", the "Criminal Law of the People's Republic of China", and the "Provisions on Traffic Accident Handling Procedures": If a traffic accident escapes, 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.
2. Where a criminal penalty is imposed on fleeing after causing a traffic accident or there are other particularly heinous circumstances, a sentence of between 3 and 7 years imprisonment is to be given. 1.Where two or more persons are killed or five or more persons are seriously injured, and the person bears full or primary responsibility for the accident; 2.
Where six 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 an amount of 600,000 yuan or more.
How to punish traffic hit-and-run.
Traffic hit-and-run shall be subject to administrative punishment, compensation for economic losses, and criminal responsibility shall be pursued if serious injury or death is caused. >>>More
Article 74 of the Provisions on Procedures for Handling Traffic Accidents defines "traffic hit-and-run" as "the act of driving or abandoning a vehicle to flee the scene of a traffic accident after a traffic accident occurs, in order to evade legal prosecution. >>>More
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According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, 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, provided that the person escapes after causing a traffic accident and does not constitute a crime. >>>More