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It depends on the specifics. Full responsibility, intentional, speeding, drunk driving, etc., are likely to be sentenced. Of course, it may also be that the other party's family must pay the price.
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It depends on who is responsible, and if you are seriously injured, you will probably be judged.
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The sentence for a traffic accident with two deaths and one injury is roughly as follows: Whoever violates traffic and transportation management regulations, 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.
If there is a violation of transportation management regulations, it constitutes the crime of causing a traffic accident. If it does not exist, it does not constitute a criminal offence.
If, in the case of a traffic accident, there is a situation where the escape causes the death of another person, the penalty shall be imprisonment for not less than seven years.
If, under the circumstances of constituting the crime of causing a traffic accident, two people are killed, and if they bear full or primary responsibility for the accident, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If not, the penalty shall be imprisonment for a term not exceeding three years or criminal detention.
Legal basis: Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] 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.
Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
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.
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1. Two deaths and one injury, how to judge a traffic accident?
The sentencing for traffic accidents with two deaths and one injury is roughly as follows: Whoever violates traffic management laws and regulations, causes a major accident, causes serious injury or death, or causes 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 a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
If there is a violation of traffic and transportation regulations, it will constitute a traffic accident. If there is no money, it does not constitute a criminal offense.
Where the crime of causing a traffic accident is constituted and the escape causes death, the sentence may be seven or more years imprisonment.
Where two people die in a traffic accident and bear full or primary responsibility for the accident, it is "other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Otherwise, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
Legal basis: Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] Whoever violates traffic management regulations, causing a major accident, causing serious injury or death, or causing major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
Article 4 In any of the following circumstances, a traffic accident shall be classified as "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) causing the death of two or more persons or serious injury of five or more persons, and bearing full or primary responsibility for the accident;
2) Where six or more people are killed and 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 unable to compensate for an amount of 600,000 yuan or more.
A traffic accident in violation of the Road Traffic Safety Law, resulting in two deaths and one injury, is a situation that causes very serious consequences and is punishable by fixed-term imprisonment of not less than seven years and a fine. The compulsory vehicle insurance will also compensate the families of the deceased and injured according to the corresponding compensation amount, and the remaining compensation amount needs to be compensated by the perpetrator.
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There is a letter of understanding for two deaths and one injury in a traffic accident, and if the conditions for probation are met, a suspended sentence can be given. For criminals who have been sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced based on the circumstances of the criminal's crime and expressions of remorse, and the application of a suspended sentence will truly no longer endanger society.
[Legal basis].Article 72 of the Criminal Law of the People's Republic of China.
Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are less serious than those of the crime;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
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1. The specific sentence depends on what kind of responsibility the culprit bears in the accident;
2. In any of the following circumstances, a person 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.
3. 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 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.
4. Legal basis: Articles 2 and 4 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.
1. Definition of Accident.
According to the provisions of the relevant laws of our country, road traffic accidents refer to the personal or property damage caused by fault or accident on the road.
The following elements shall be present for a traffic accident:
1) Must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;
2) It happens on the road. Roads refer to highways, urban roads and places that are within the jurisdiction of the unit but allow social motor vehicles to pass. Including squares, public parking lots and other places used for public passage;
3) Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;
4) Something happens. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;
5) The cause of the state of affairs is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;
6) There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;
7) The psychological state of the party is negligent or has other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.
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Legal analysis: If there is one death and two injuries in a traffic accident, according to the circumstances of the relevant traffic case, the relevant party shall be sentenced to fixed-term imprisonment of not more than three years. However, if the relevant traffic driver escapes or the type of case is relatively heinous, he may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and punish the irregular behavior of such traffic drivers.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China 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 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.
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, and bear the same 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.
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
It is a traffic accident crime.
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