The drunk driving accident of the battery three bottle car called the police, will the second degree

Updated on society 2024-04-28
5 answers
  1. Anonymous users2024-02-08

    According to the relevant regulations, if you only report an accident while driving while intoxicated, it is not certain whether you will be imprisoned for a second-degree serious injury, but if the relevant provisions are met, it will constitute the crime of causing a traffic accident and you need to bear the corresponding criminal responsibility according to the regulations.

    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.

    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.

    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.

  2. Anonymous users2024-02-07

    I won't go to jail, but I will lose money, talk to my family, and try to spend less money

  3. Anonymous users2024-02-06

    Traffic offences. The punishment is still heavier!

  4. Anonymous users2024-02-05

    Legal Analysis: Drunk driving refers to the act of driving a motor vehicle in this state due to the complete or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 millilitres is considered drunk driving.

    The driver's blood alcohol content is greater than or equal to 80mg 100ml.

    Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

    1) Chasing and racing, where the circumstances are heinous;

    2) Driving a motor vehicle while intoxicated;

    C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

    4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

    Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

    Where the conduct in the preceding two paragraphs simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

  5. Anonymous users2024-02-04

    There will be detention, but you can mediate privately with them.

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