Traffic accident offense drunk driving causing minor injury to one person without a license to escap

Hello. 1. In accordance with the provisions of the Criminal Procedure Law and judicial practice, the time limit for handling an ordinary criminal case is as follows:

1. Criminal detention for 30 days; 2. The procuratorate examines the arrest for 7 days; 3. The period of public security investigation is 60 days; 4. The procuratorate will review and prosecute for 45 days; 5. The court will hear the case for 45 days; The above total of 197 days, this does not include the period during which the review for prosecution is returned to the public security organ for supplementary investigation (up to 2 times, 30 days, and the time limit for recalculation of the review for prosecution each time) and the time limit for the trial that the procuratorate deems necessary for postponement during the court trial stage (up to 2 times, 30 days, and the time limit for each recalculation of the trial stage); It is not possible for your case to have the above decompensation.

2. If your case has been released on bail pending trial, the maximum period is 1 year, so it is difficult to speculate how long the traffic police can prosecute the procuratorate; If you are detained in a detention center, you may refer to Article 1.

3. In accordance with article 133 of the Criminal Code, the statutory sentencing period is between 3 and 7 years; According to Article 56 of the Guiding Opinions of the People's Courts on Sentencing, suspended sentences are not applicable to "escapes"; If the two are combined, it is estimated that the minimum sentence will be 3 years in prison; Even if there is a voluntary surrender, it is extremely unlikely that it will be reduced to less than three years.

If it only causes minor injuries to others, it does not constitute the crime of causing a traffic accident at all (it should be assessed to be more than serious injuries);

If you are right, it should be because drunk driving constitutes the crime of dangerous driving, and the crime of dangerous driving is punishable by up to 6 months of detention.

Your friend is in tragedy. Turn yourself in.

Whoever violates the regulations on the management of traffic and jujube transportation, resulting in 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.

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, accidental 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 133.

Anyone who drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.

Criminal liability for serious injury to a person caused by a hit-and-run accident without a license for drunk driving needs to be determined on a case-by-case basis, so there is no fixed sentence. According to China's criminal law, drunk driving is a dangerous driving crime, and if the circumstances are serious, it may also constitute a traffic accident, and driving without a license while in the same rush may also constitute a traffic violation, which will be punished.

Generally speaking, drunk driving, driving without a license, and hit-and-run are all relatively aggravated circumstances, and if they cause significant harm to others, the sentence will be heavier. According to the Criminal Law of the People's Republic of China, the maximum sentence for serious injury caused by drunk driving is seven years in prison, while the act of escaping will be subject to additional punishment. If there are other circumstances in the case, such as speeding at the time of the accident, violation of traffic lights, etc., the sentence may be aggravated.

He was sentenced to imprisonment for not more than three years.

Legal analysis: 1. Causing minor injuries shall be subject to civil liability for damages.

2. Drunk driving needs to bear criminal responsibility.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, causing serious disability, Lu Da shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

Legal Analysis: If a person drives a motor vehicle under the influence of alcohol, and causes the death of more than one person in a traffic accident, and bears all or the main responsibility for the accident, he shall be convicted and punished as the crime of causing a traffic accident. Whoever escapes after causing a crime or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a 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 conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: Drunk driving is an illegal act, if the party hits a person and escapes, constituting a minor injury, will be investigated for administrative responsibility, the public security organs can detain him, fine, and revoke the driver's license. The maximum period of detention is 15 days, and the perpetrator shall also be liable for civil compensation for the injured person's medical expenses, nursing expenses, nutrition expenses and lost work expenses.

Legal basis: Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China If a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.