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For the determination of hit-and-run after a traffic accident, firstly, the prerequisite for a hit-and-run is "to evade legal prosecution", and secondly, there is no limitation on time and place for a 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.
Where there are traffic hit-and-run accidents or other particularly heinous circumstances, it is an aggravating circumstance for the crime of traffic accidents. To constitute an aggravating circumstance, it is first required that the perpetrator's act of causing a traffic accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident;
Second, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have the motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act.
Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run.
Finally, the so-called traffic hit-and-run mainly refers to the situation of fleeing from the scene, but the victim can also flee after being sent to the hospital, or even hiding at the scene.
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A person who escapes from a traffic accident refers to a party to a traffic accident who flees the scene of a traffic accident in order to evade responsibility and does not take measures to rescue the injured or public or private property, as well as the party who abandons the car and flees after the accident, and the severity of the punishment should be based on the seriousness of the circumstances of the perpetrator. A simple loss of vehicle is generally not considered an escape.
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Count, and finally turn yourself in, the punishment will be reduced.
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Summary. Hello, do not intentionally damage other people's vehicles, but there is an escape to deal with; Anyone who escapes after causing a traffic accident and does not constitute a crime shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days. <>
Hello, do not intentionally damage other people's vehicles, but there is an escape to deal with; Duan Jinhu, who escapes after causing an accident and does not constitute a crime, shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. <>
Dear, whether intentionally or not, as long as the imitation key accompanies the traffic police to determine that the hit-and-run will be dealt with as a hit-and-run, but in the specific handling of Liangxian, it will be appropriately dealt <>with lightly according to the situation within the allowable scope of hit-and-run handling
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: 1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been temporarily detained; 2. Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; 3. Escaping after causing and escalating into a traffic accident does not constitute a crime <>
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Legal Analysis: A traffic accident without knowing it is not considered a hit-and-run. Traffic hit-and-run refers to an illegal act in which a party knows that he or she has had a traffic accident and deliberately flees the scene of the accident without reporting the case to the public security organ in order to evade responsibility for the accident.
Secondly, there is no time and place limit for a 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 is sent to the hospital or waiting for the traffic management department to deal with it.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Criminal Law of the People's Republic of China》 Article 133 Whoever violates the regulations on the administration of transportation 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 shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall be sentenced to fixed-term imprisonment of not less than seven years and shall be sentenced to fixed-term imprisonment of not less than seven years if he escapes and causes death.
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For the punishment of traffic accidents and escape accidents, according to the relevant laws and regulations of our country, if a motor vehicle driver escapes after driving a motor vehicle in a traffic accident, the traffic management department shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on the hit-and-run person, and revoke his motor vehicle driver's license.
Legal basis: Paragraph 4 of Article 1 of the Regulations on the Application and Use of Motor Vehicle Driving Licenses.
1. If the driver of a motor vehicle commits one of the following violations, 12 points will be deducted at a time:
4) Fleeing after causing a traffic accident that does not constitute a crime;
Article 71 of the Road Traffic Safety Law of the People's Republic of China.
If the vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons with knowledge of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward.
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As long as there is a hit-and-run, the deduction of points is no longer enough to penalize, the driver's license will be revoked directly, and the vehicle loss will be completely compensated by the escapee, and the insurance company will refuse to pay.
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After a traffic accident, regardless of whether there are people **, you should immediately call the police**, and the traffic police will deal with it according to the results of the on-site investigation.
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Twelve points deducted, fifteen days of detention, fine, compensation! You will not be allowed to take the test again for the rest of your life
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Traffic accidents are not terrible, what is terrible is to escape, it is okay, if something he runs faster! Escape from traffic accidents shall be fully responsible.
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Specifically, etc., refer to the specific situation.
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