How to punish one person for killing and seriously injuring many people while drinking and driving

Conviction and punishment shall be given according to the crime of traffic accident, and the sentencing shall be as follows:

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

1. Whoever violates traffic and transportation management regulations, resulting in 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.

The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances:

1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 the amount of 300,000 yuan or more.

Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol 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 without a license or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Other particularly heinous circumstances refer to any of the following circumstances:

1) If there are 2 or more deaths or 5 or more serious injuries, all or the main responsibility is borne;

2) 6 or more people are killed and are equally responsible 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 more than 600,000 yuan.

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.

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If you are suspected of causing a traffic accident, if you do not escape, you will be sentenced to up to three years in prison. There is also the revocation of a driver's license and civil compensation.

Revocation of driver's license, sentencing, and compensation.

According to the law, a person who constitutes the crime of causing a traffic accident but dies in an accident shall not bear criminal responsibility in accordance with the law. Where the victim suffers economic losses as a result of the criminal act, compensation for the economic losses shall be given in light of the circumstances. However, financial compensation is limited to the actual value of his estate.

The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Legal basis: 1. Article 15 of the Criminal Procedure Law In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

II. Article 36 of the Criminal Law [Principle of Compensation for Economic Losses and Civil Priority] Where the victim suffers economic losses as a result of criminal conduct, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.

Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.

3. Article 33 of the Inheritance Law The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

Hello, I am driving a motorcycle without a license and paying the same responsibility for causing death, the civil dispute has been settled, and I have also surrendered, and I have been sentenced to four months to appeal.

The civil part is dealt with, and the court can give a suspended sentence! The civil part does not deal with the absolute sentence!

Compensation, revocation of driver's license, criminal penalties.

Suspected of traffic accidents, suspected of dangerous driving, criminal penalties.

Those who are fully responsible for drunk driving and are to be sentenced.

You can sentence it, you say that the situation is obviously the fault of the driver, which led to the occurrence of the traffic accident and caused serious consequences, and the driver should bear full responsibility for the accident. Violation of Article 133 of the Criminal Code, suspected of causing a traffic accident. As for the compensation agreement reached by the victim who has already compensated, it can be used as the basis for the judicial organ to reduce the criminal responsibility.

It is better to ask the victim's family to issue an agreement or certification that will not be held criminally responsible.

According to the provisions of 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":

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.