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1. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and flees the scene of the accident in order to avoid legal prosecution, it is to be convicted and punished as the crime of causing a traffic accident;
II. Legal Basis: "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" 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.
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The other party will be treated as a traffic hit-and-run. If you are drunk driving, you will also be charged with drunk driving. As for the responsibility, the traffic police squadron needs to make an assessment, after all, the other party escapes, and the responsibility must be the greatest.
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Hurry up to the police, the driver bears full responsibility for the accident, revokes the motor vehicle driver's license, and investigates criminal responsibility in accordance with the law.
Legal basis: Paragraph 2 of Article 91 of the Road Traffic Safety Law: If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years.
Paragraph 1 of Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law: If a party escapes after a traffic accident, the party who escaped shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.
Article 13 of the Criminal Law: Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he 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 escape shall be sentenced to fixed-term imprisonment of not less than 7 years.
Paragraph 2 of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents: 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 traffic accident:
1) Driving a motor vehicle after drinking alcohol 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 has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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Drunk driving:
driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.
Article 91: Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" In order to punish criminal activities involving traffic accidents in accordance with law, and in accordance with the relevant provisions of the Criminal Law, several issues concerning the specific application of law in the trial of criminal cases involving traffic accidents are hereby explained as follows:
Article 1: Where a major traffic accident occurs in violation of traffic and transportation management 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 is to 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.
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.
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The owner of the car bears joint and several civil liability for compensation. The driver is the first person responsible.
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If the accident occurs during the private use of the bus, the perpetrator is generally liable.
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The police were called, and the traffic police determined it in accordance with the law.
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If a drunk driver injures a person and then escapes, if the victim is seriously injured or killed, he is suspected of the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the victim is slightly injured or less, he is suspected of the crime of dangerous driving and shall be sentenced to short-term detention.
Whether the person in the car is responsible or not depends on whether he is related to drunk driving. If he has nothing to do with the act of drunk driving, he is not held responsible. For example, if you take a ride-hailing driver's car, and the driver is drunk and you don't know it, you don't need to bear any responsibility for the accident.
Drunk drivers shall be detained until the punishment for the driver's illegal acts is completed. >>>More
This is because the revised Road Traffic Safety Law came into force on May 1, 2011. According to the provisions of the new law, a person who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the law; A motor vehicle driver's license cannot be re-obtained within 5 years. >>>More
The facts of drunk driving are clear, the evidence is sufficient, and the sentence is generally relatively short, so the sentence will be quick and fast. >>>More
It cannot be undone. This is a lifelong criminal record, and even if the file is destroyed, it is useless. >>>More