How to sentence a traffic hit and run like this

Hello, the lawyer replied as follows on the problem you described:

Because it was a unilateral accident, the preliminary analysis was that the driver did not pay attention to safe driving, and the measures were improper, and the traffic authority may determine that the driver is fully responsible. If the driver is fully responsible and causes the death of one person, it constitutes a traffic accident.

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.

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. Blessing!

According to the provisions of Article 133 of the Criminal Law, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 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 7 years.

How to sentence a traffic hit-and-run file needs to be determined according to the circumstances. They are:

1. Whoever is involved in a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;

2. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. Because only if a traffic accident is caused and has major consequences, can it constitute the crime of causing a traffic accident.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic collapse is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

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.

Legal Analysis: Traffic Hit-and-Run Sentencing. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Hit-and-run after a traffic accident refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. The premise of a traffic hit-and-run is "to evade legal prosecution", and there is no time and place limit for traffic hit-and-run, and it should not only be understood as "fleeing the scene of the accident", but also as "fleeing after a traffic accident" if the injured person does not flee (or fails to escape) the scene of the accident after the accident, but escapes after sending the injured person to the hospital or waiting for the traffic management department to deal with it. In any of the following circumstances, a traffic accident is classified as "having other particularly heinous circumstances":

1. Where two or more people are killed or five or more people are seriously injured, and the person bears full or primary responsibility for the accident, or six or more people who are equally responsible for the accident, and who causes direct damage to public property or other people's property, bears all or the main responsibility for the accident, and is unable to compensate for the amount of 600,000 yuan or more.

Legal basis: Article 130 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, thereby causing a major accident and 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.

How to punish traffic hit-and-run.

Traffic hit-and-run is an intentional and criminal act, in which the perpetrator clearly knows that his or her actions will produce a certain harmful result, but hopes or allows such a harmful result to occur, and holds a state of mind of direct intent or indirect intention.

Whoever, as a result of violating traffic and transportation management regulations, causes serious injury or death to a person 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 a person flees 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. According to the provisions of the Traffic Safety Law, if a major crime occurs, criminal responsibility shall be investigated in accordance with the law and the driver's license shall be revoked. If a person escapes after a traffic accident, his driver's license shall be revoked and he shall not be allowed to re-obtain a motor vehicle driver's license for life.

Where, after causing a traffic accident, the perpetrator hides or abandons the victim after taking the victim away, causing the victim to die or be seriously disabled because he cannot receive assistance, it is to be punished as the crime of intentional homicide or intentional injury.

Traffic hit-and-run refers to the act 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. With the rapid development of the transportation industry, traffic accident escape cases are also on the rise, seriously disrupting the normal traffic order. According to the law, fleeing after a traffic accident shall be severely punished, such as in the case of a traffic accident, a person who escapes after committing a crime shall be sentenced to fixed-term imprisonment of not less than three years, and a person who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Whoever commits the crime of traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, or fixed-term imprisonment of not less than seven years.

Legal basis] Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever commits the crime of causing a traffic accident 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.

How to punish traffic hit-and-run.

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations 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 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.

Anyone who causes serious injury or more shall be sentenced to fixed-term imprisonment.

In China, traffic accidents refer to criminal acts that violate road traffic management laws and regulations, cause serious traffic accidents, cause serious injuries or deaths, or cause major losses to public and private property, and are investigated for criminal responsibility in accordance with the law. China's Criminal Law stipulates that anyone who violates traffic and transportation management regulations 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 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.

1. The following acts may be sentenced to fixed-term imprisonment of not more than three years: (1) one person is killed or three or more people are seriously injured, and all or the main responsibility for the accident is borne; (2) If there are more than 3 deaths, they shall be equally responsible for the accident; (3) Causing direct losses to public and private property, bearing full or primary responsibility, and unable to compensate more than 300,000 yuan. 2. The following circumstances may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

1) If there are more than 2 deaths or more than 5 serious injuries, the person shall be fully or mainly responsible for the accident; (2) If there are more than 6 deaths, they shall be equally responsible for the accident; (3) Cause direct losses of public and private property, bear full or primary responsibility, and are unable to compensate for more than 600,000 yuan. 3. Where the victim dies due to the lack of timely medical treatment due to escape, a sentence of not less than seven years imprisonment may be imposed.