Urgent!! Ask for a professional answer!! How should I be convicted of driving on a 150km h road that

If there is only one victim, and there is no other interest between the perpetrator and the victim, and the accident is caused by a violation, then the responsibility can only be pursued as a traffic accident. If there is no other significant damage, it is likely that it is only an accident and does not necessarily constitute a crime. Therefore, it is appropriate to fight for more civil compensation.

Zongheng Legal Network-Tianjin Kunde Law Firm-Lawyer Li Wei.

This is not the crime of intentional homicide, nor is it the crime of endangering public safety, but the crime of causing a traffic accident. If you don't escape, if there are no other bad circumstances, less than 3 years, it is estimated that probation will not work, it depends on your ability.

Article 133 of the Criminal Law is the crime of causing traffic accidents: 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, 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.

It still depends on how the negotiation with the family is going, and it should be nothing to lose enough money.

Hello! First of all, it is determined that criminal responsibility cannot be escaped, and then it is actively faced. How to sentence depends on your situation, whether it is a violation first, or normal driving, the judge will consider all your circumstances and give you a verdict.

Therefore, negotiate well with the family of the deceased, and then hire a good lawyer to defend yourself, and the court will give a lenient sentence according to the situation.

Compensation, according to the local standard of living and the existence of the object of support, is generally not less than 18w, compensation can be reduced in the criminal law itself There are mitigating circumstances for surrendering, generally a suspended sentence of less than three years.

It was a press statement, and I haven't seen the specific judicial interpretation yet. If the wording of the judicial interpretation is the same as that in the press release of the Supreme People's Court, the above conditions should be met at the same time to commit the crime under this article. If the judicial interpretation only involves the above-mentioned circumstances, the remaining circumstances should be investigated for criminal liability as the crime of causing a traffic accident.

But considering the above two circumstances, it will definitely be sentenced heavily. That is, up to 7 years in prison. Wish.

1.Ordinary drunk driving causing serious injury or death is to be convicted and punished in accordance with the crime of causing a traffic accident. 2.

For drunk driving after the accident, continue to drive and let the harmful consequences occur, and cause a major **, it constitutes the crime of endangering public safety by dangerous means, this is the relationship of "and", that is, all conditions must be met, that is, at the same time, the harmful consequences of drunk driving are satisfied, resulting in **. 3.However, this is only for a situation that constitutes this crime after being drunk, and it is not necessary to be drunk to constitute this crime, that is to say, such a crime is constituted after being drunk, and it is also this crime if it is not drunk and driving, why the situation of drunkenness should be clearly listed, one is to indicate the punishment for drunk driving, and the other is that the academic community has been controversial about the state of consciousness of the actor after being drunk, and the perpetrator of this crime generally requires that the actor is intentional, and the mental state of the person when he is drunk is relatively trance, so it is very controversial, However, according to the general theory, he was drunk and he was at fault and had a duty of care, so he treated it as normal.

I think I should be severely punished for this, knowing that spilling the rear frame car hurts others and hurts myself, but I have repeatedly taught me not to change. It is impossible to say that you killed a child and not convict you that the person you killed was too small to commit a crime.

In accordance with Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term 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.

In this case, the driver who caused the accident should be fully responsible and sentenced to 3 to 7 years, and if it can be determined that the escape caused death, he shall be sentenced to 7 to 15 years' imprisonment.

The conviction for the crime of endangering public safety in a dangerous manner has been recognized by the Supreme People's Court in the case of Sun Weiming and the Guangzhou case.

1. Conviction: In terms of criminal liability, whether the crime of traffic accident is constituted depends on the division of responsibility in the sense of criminal law, not the determination of accident responsibility of the traffic management department.

The division of responsibility in the sense of administrative law shall be determined by the traffic management department to solve the problems of administrative punishment and civil compensation, based on the city's accident liability determination standards, for example, our Shenyang City is based on the "Shenyang City Road Traffic Accident Liability Determination Regulations";

The division of responsibility in the sense of criminal law is based on the division of responsibility in the sense of administrative law, and is determined by comprehensively considering the causal relationship in the sense of the constitutive elements of the criminal law crime between the violation and the accident.

2. Sentencing: If there is no justification for a not-guilty defense, the sentencing steps are: determine the "starting sentence for sentencing" based on the facts constituting the basic crime that are evidenced, then determine the "base sentence" on the basis of the facts constituting other crimes that are evidenced, and finally determine the "declared sentence" on the basis of the sentencing circumstances that are evidenced (to see whether "all" facts and circumstances favorable to the defendant can be found, and make it clear to the case-handling organ in a concise, concise, reasonable, well-founded, and forceful manner).

3. Voluntary surrender: Whether or not to be given a lenient punishment after escaping in the crime of traffic accident depends on the specific circumstances.

1. The last lessee has committed the crime of causing a traffic accident, and the escape after the fact is an aggravating circumstance, and the statutory sentence has been upgraded to fixed-term imprisonment of not less than three years but not more than seven years.

2. Where there are circumstances to punish the offender, the punishment may be mitigated or commuted for the criminal who surrenders.

3. The specific judgment will only be known after the court trial; Personally, I don't expect to be sentenced again, because those who can agree to bail pending trial are not felons.

Article 133 of the Criminal Law: Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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, 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.

Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

1 Voluntary surrender will be given a lenient sentence.

2 See 1, there will be no two lighter ones.

3 Obtaining the victim's forgiveness may reduce the punishment.

4 Bail is a good sign and should not be too severe, and should be between 6 months and 3 years.

If the crime of causing a traffic accident is not another crime, now that he has been released on bail pending trial, there is still a relatively high hope of a suspended sentence. However, whether his escape constitutes another crime needs to be judged according to the specific circumstances of the case, and according to your statement, no matter what crime is constituted, you can be given a lighter punishment because of the circumstances of voluntary surrender and the attitude of admitting guilt. However, in order to better solve the problem and seize the opportunity to defend, it is the best choice to entrust a lawyer to defend.

Lawyer Cao Jun.

1. Suspected escape: After the accident, the driver of the motorcycle was not at the scene, did not call the police, and did not take any rescue measures;

2. The circumstances of the case are serious: the injured person died without timely treatment because he fled the scene of the accident after the accident;

3. Bad attitude: there is no willingness to compensate;

Fourth, the responsibility is obvious: due to the escape of the motorcycle driver and the failure to report the case, should bear full responsibility.

The key to compensation for the accident depends on the financial situation of the perpetrator, and it is estimated that there is little hope. The court may sentence the driver of a motorcycle to imprisonment for up to 7 years for the crime of traffic hit-and-run in accordance with the law.

Article 133 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, 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.

Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

Hit-and-run, and unlicensed, must be fully responsible, civil liability has been settled, at present there are only voluntary surrender circumstances, according to the traffic accident crime is estimated to be 3-5 years.

It must be a suspended sentence, no doubt, and at most a suspended sentence, and if you are lucky, you can be exempt from prosecution.

If the first three parties you said no longer sue that person, it will only be characterized as a traffic escape, and it will be sentenced to about five to ten years, and at the end of the year, don't dredge it at the end, and investigate it strictly at the end of the year, don't hurt others and yourself at that time, and you won't lose money anymore anyway, so be it, but it's really hard in prison, and you still have to be prepared.

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: In any of the following circumstances, a traffic accident shall be sentenced to up to three years imprisonment 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 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

Driving without a license for three months Fatal events prior to Escape + Surrender = 0 3 years to 4 years.

If an accident results in the death of one person, it is a major traffic accident, and the driver who caused the accident is liable for 3 to 7 years.

In fact, this problem has been solved in private, and even if he wants to sentence, he will only sentence you to drive without a license, up to three months. There is no plaintiff left for the problem of your driving hitting and killing someone, and no one is coming to sue you.