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If you are fully responsible for the accident, the sentence is probably between one and a half to four years, and the injuries of the injured person are taken into account, as well as other circumstances, such as whether there is voluntary surrender, whether there is active rescue, and so on.
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The general sentence is less than three years. Because there are more consulting questions answered every day, what you say is not very detailed, and you can only give a simple answer.
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If the main or all responsibility is borne, the offender of traffic accident shall be sentenced to fixed-term imprisonment of not more than three years, and if he does not bear the primary or greater responsibility, he shall be investigated for criminal responsibility for the crime of dangerous driving, and shall be sentenced to criminal detention of not more than six months and a fine.
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Considering the circumstances to sentenc, less than three years, three to seven years, less than seven years, criminal cases, it is recommended to interview.
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Traffic accidents can be caused for a maximum of 7 years, and if it is convicted of endangering public safety by dangerous means, it is difficult to say, and the maximum penalty is death.
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Hello, how much alcohol? How did the police characterize it? Qualitative impact on sentencing, it is recommended that a lawyer be retained as soon as possible to understand the facts of the case and provide legal assistance. Hope it helps!
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Hello, it is recommended to entrust a lawyer to meet with you, understand the progress of the case, help, release on bail pending trial, defense, etc., and strive for leniency, commutation, probation or exemption from punishment;
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Does it depend on the situation? Please call us.
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Hello, suspected of traffic accidents.
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Three deaths and one injury for drunk driving shall be sentenced to three to seven years in prison according to the provisions of the Criminal Law, and the sentence period may be heavier.
1. Article 133 of the Criminal Law of the People's Republic of China [Traffic Accident Crime; Dangerous driving] 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 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to 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.
II. Article 4 of the "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 is classified as "having other particularly heinous circumstances" and is to 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 the property of other tenants, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 600,000 yuan or more.
III. "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes".
IV. Sentencing for Common Crimes.
1) Traffic accident crime 1Where the crime of causing a traffic accident is established, the starting sentence may be determined within the corresponding range based on the following different circumstances:
1) Where serious injury or death is caused, or major losses are caused to public or private property, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.
2) Where there is an escape after a traffic accident or there are other especially heinous circumstances, the starting sentence may be determined within the range of 3 to 5 years imprisonment.
3) Where the death of one person is caused by escape, the starting sentence may be determined within the range of 7 to 10 years imprisonment. 2.On the basis of the starting sentence, the sentence may be increased to determine the base sentence on the basis of responsibility for the accident, the number of people who caused serious injury or death, or the amount of property damage, as well as other facts of the crime that impact the establishment of the crime, such as escape.
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3-7 years of extremity curvature.
Where, as a result of a major accident occurs, causing serious suffocation, death, starvation, or major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; 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.
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drunk driving causing one death and one injury is sentenced to up to three years imprisonment or short-term detention; If he escapes after driving while drunk or there are other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; 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.
Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury, death, or major losses to public or private property or credit property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances and destroys the tomato, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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According to the provisions of the judicial interpretation on compensation for personal injury, if a traffic accident caused by drunk driving causes death, the perpetrator shall compensate the victim for funeral expenses, living expenses of dependents, and death compensation. Relevant legal provisions "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17 The victim suffers personal injury, and the expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, The person obligated to compensate for the hospital meal allowance and necessary nutrition expenses shall be compensated. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
Article 18: Where the victim or the close relatives of the deceased suffer mental harms, and the person with the right to compensate requests compensation for moral damages from the people's courts, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied. The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.
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Legal analysis: According to the provisions of the judicial interpretation on compensation for personal injury, if a traffic accident caused by drunk driving causes death, the perpetrator shall compensate the victim for funeral expenses, living expenses of dependents, and death compensation.
Legal basis: Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" provides that the person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the loss of income due to lost work, including medical expenses, expenses for lost work, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, the cost of selling disability assistive devices, and the living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.
Where the victim dies, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the rescue situation, and shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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Where drunk driving causes the death of a person, it constitutes the crime of causing a traffic accident and is punishable by short-term detention or fixed-term imprisonment of not more than three years. If there is an act of fleeing after a traffic accident, or if there are other more aggravating circumstances, the penalty shall be imprisonment for a term of not less than three years but not more than seven years. Whoever causes death in the case of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis] Article 133 of the Criminal Law, where a major accident occurs as a result of violating traffic and transportation management regulations, causing serious injury or death to a person or causing major losses to public or private property, he 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.
Whether the perpetrator constitutes the crime of causing a traffic accident needs to be judged from the following two aspects: First, it depends on whether the perpetrator is subjectively negligent. If the perpetrator is subjectively negligent, it can constitute the crime of causing a traffic accident; If the perpetrator caused the traffic accident due to unforeseeable reasons, there is no guilt and therefore it cannot be found to be a crime. >>>More
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