-
Driving without a license is only a violation of the Road Traffic Safety Law, which belongs to the scope of administrative management, and does not constitute a crime in itself, and cannot be investigated for criminal liability in accordance with the law.
Even if it is found while serving a sentence, the sentence cannot be increased, but the prison may not declare a commutation of the sentence.
1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or having a motor vehicle driver's license suspended;
2. Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained;
3. Fleeing after causing a traffic accident, which does not constitute a crime;
4. The motor vehicle exceeds the speed limit by 50%;
5. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6. Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7. Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8. Illegally intercepting or detaining motor vehicles, and not listening to dissuasion, causing serious traffic jams or large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.
-
Driving without a license falls within the scope of administrative penalties and is not related to criminal penalties. Therefore, the sentence will not be increased.
However, if driving without a license causes serious consequences, such as committing a traffic accident, the sentence will be increased.
-
Summary. Hello. Legal analysis: If you are caught driving by the traffic police during the probation period, you will not be imprisoned if you drive without a license. If you drive without a license, under normal circumstances, it is a traffic violation, and you need to be punished for violating the rules, and you will not be imprisoned.
Hello. Legal analysis: Xian Hui drove again during the probation period and was caught driving without a license by the police Zheng Xuan, and will not be imprisoned. If you drive without a license, under normal circumstances, it is a traffic violation, and you need to be punished for violating the violation, and you will not be imprisoned by Congyou.
Legal basis: Article 99 of the Road Traffic Safety Law stipulates that if you drive without a license, 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, and you can be detained for up to 15 days. Article 133 of the Criminal Law: Whoever violates traffic and transportation management 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 especially heinous circumstances, he is to be sentenced to between three and seven years imprisonment; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
-
Summary. Hello, I can understand your feelings. Driving without a license will not be imprisonedIf driving without a license is a traffic violation under normal circumstances, and it is necessary to give a penalty for violating the law, and will not be imprisoned.
What happens if you drive without a license while on probation?
Hello, I can completely understand your mood for erecting molds. Driving without a license will not be imprisoned If driving without a license is a traffic violation under normal circumstances, it is a traffic violation and needs to be punished for violating the rules, and will not be imprisoned.
What was the reason for the previous suspended sentence.
I'm on probation, huh?
Drunk driving. So did you have a serious accident if you were caught driving without a license this time?
No. Just filmed.
In this case, you will not be imprisoned.
But isn't this serious thing for me?
1. A blind person who drives without a license during the period of drunk driving probation shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. 2. If the situation is serious, the suspended sentence shall be revoked in accordance with the law, and the original sentence shall be returned to prison for enforcement, and the so-called serious situation refers to the situation of serious traffic accidents caused by driving without a license.
You are also subject to penalties in this case because there has been no serious traffic accident. Therefore, it will be punished for violating the rules.
Therefore, it is recommended to admit mistakes with a good attitude and strive for a lower penalty for violations. Have you received a notice from the public security unit?
-
Hello: If you drive without a license, under normal circumstances, it is a traffic violation, and you need to be punished for violating the rules, and you will not be imprisoned.
The reasons for the revocation of a suspended sentence in China's criminal law have the following three circumstances:
1) Re-committing a new crime. The new crime here is relative to the crime already convicted, and it includes both intentional and negligent crimes, and includes both the same crime and the crime of different kinds. As long as a probationer commits a new crime during the probationary period, the suspended sentence shall be revoked in accordance with law, and the punishment for the new crime and the original sentence shall be combined.
The Penal Code does not provide for the time of discovery of a new crime. If a new crime is discovered during the probationary period of probation, the suspended sentence shall of course be revoked, and the punishment for the new crime and the convicted crime shall be combined. If a new offence is discovered after the probationary period of probation has expired, should the probation be revoked and the punishment for multiple offences combined?
In this regard, the Supreme People's Court's Answers (III) to Several Questions Concerning the Specific Application of Law in the Trial of Cases of Serious Criminal Offenses by the People's Courts on August 21, 1985 stipulates that the failure of a criminal who has been given a suspended sentence to carry out the original sentence is conditional on the convict not committing a crime during the probationary period of the suspended sentence, and if the criminal commits a new crime during the probationary period, even if the crime is discovered after the expiration of the probationary period, the suspended sentence shall be revoked as long as the statute of limitations for prosecution has not expired.
2) Finding the omission of the crime. Where it is discovered that there are other crimes that have not been adjudicated before the verdict is announced, it shows that the criminal concealed part of the crime, did not admit guilt, accepted the law, and sincerely repented, the suspended sentence shall be revoked in accordance with law, and the punishment for the crime omitted and the crime originally convicted shall be combined.
3) Serious violations. Criminals who have been given a suspended sentence shall also have their suspended sentence revoked in accordance with law and be returned to prison to enforce the original sentence during the probationary period of the suspended sentence, in violation of laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences, and the circumstances are serious.
-
You're talking about probation, right? It will be sent to prison for execution, but the simple driving without a license will not increase the sentence.
-
There will be no increase in the sentence....Driving without a license is not enough of a crime....
-
If you escape, you will be given another crime for half a year, and if you are released on medical parole, you will go to the prison hospital to have your condition checked again, and if you are cured and sent to prison, if you are not cured, you can be released on parole to see the results of the review after the new review.
-
If the prison authorities approve you to drive, it won't
If it is a "foreign worker" who sneaks away to play by himself, then it will be added
The full name of suspended sentence is suspended sentencing, also known as suspended sentencing, which refers to the first announcement of conviction and the temporary non-enforcement of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished. A system in which a specific probationary body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period. The general application of probation must meet both the first: >>>More
There are clear regulations.
Criminal Law of the People's Republic of China >>>More
What is probation.
Suspended Sentence Suspended sentence refers to a system in which a crime sentenced to a certain penalty is divided, and if the statutory conditions are met, the original sentence is conditionally not enforced within a certain period of probation. >>>More
Hello, If a criminal who has been given a suspended sentence commits a new crime during the probationary period of the suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the new crime or the newly discovered crime, and the punishment for the previous crime and the subsequent crime shall be determined in accordance with the provisions of Article 69 of the Criminal Law. >>>More
There should be a subsidy for a business trip, there should be double salary for holidays, whether abroad or at home, overtime and holidays should not be a holiday, and the salary should be increased to go on a business trip, and there should be double salary on holidays, whether abroad or at home, overtime and holidays should not be on holiday, and the salary should be increased to go on a business trip, and there should be double salary on holidays, whether abroad or at home, overtime and holidays should not be taken off, and the salary should be increased to go on a business trip. Holidays should have double salary, whether abroad or at home, overtime holidays and holidays should be paid to go on a business trip itself should have a subsidy, holidays should have double salary, whether abroad or at home, overtime holidays and holidays should not be paid to go on a business trip itself should have a subsidy, holidays should have double salary, whether abroad or at home, overtime holidays and holidays should not be paid a salary increase to travel itself should have a subsidy, holidays should have double salary, Whether abroad or at home, overtime and holidays should not be paid to go on a business trip, there should be a subsidy itself, there should be double salary on holidays, whether abroad or at home, overtime holidays and holidays should be paid a salary increase to go on a business trip, there should be double salary, whether abroad or at home, overtime holidays and holidays should be paid a salary increase to go on a business trip, there should be a subsidy, holidays should have double salary, whether abroad or at home, Overtime holidays and holidays should be paid a salary increase to travel itself should have a subsidy, holidays should have double salary, whether abroad or at home, overtime holidays and holidays should be a salary increase to travel itself should be subsidized, holidays should have double salary, whether abroad or at home, overtime holidays and holidays should be raised.