How to measure the severity of the offense by driving without a license

Driving without a license, if you want to measure the severity of its circumstances, you can look at the accident you caused, or the ruling made when you did not cause the accident, that is, you did not cause any injury when you drove without a license, so that he can receive a fine or detention, when driving without a license, to cause injury or death to others, so that you can be sentenced to more than ten years or indefinitely, a driver's license is what everyone should have, that is, if you want to drive a car, you should have, If you have a legal driver's license, and then encounter some car accidents or accidents, you can deal with them according to the law, so the difference between not having a driver's license and having a driver's license is very big, a law will protect your rights and interests, and a law will severely punish you.

1. How to deal with driving without a license if the circumstances are not serious.

1. Driving without a license and hitting a person constitutes a traffic accident, and generally speaking, if there are no aggravating circumstances, a sentence of less than 3 years in prison should be given. Those who flee after causing a traffic accident are not allowed to re-obtain a motor vehicle driver's license for the rest of their lives. If you drive without a license and cause serious injury to more than one person, you may be held criminally liable.

If it is less than a serious injury, it is generally a public security punishment.

2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.

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 shed to disturb a vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or having a motor vehicle driver's license suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, not heeding dissuasion, causing serious traffic jams or relatively large property damage.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

2. What will happen if you are caught by the traffic police for driving without a license?

If the traffic police are caught driving without a license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. Anyone who commits 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: driving a motor vehicle without obtaining a motor vehicle driver's license, having the motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended.

A fine of 200 yuan was imposed. According to the "Road Traffic Safety Law of the People's Republic of China", anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended while Tan Min is temporarily detained, shall be fined between 200 and 2,000 yuan, and may be detained for up to 15 days.

Legal analysis: Regardless of whether driving without a license is illegal or not, the driver of the car is not allowed to drive the vehicle again, and the traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. According to the driver's bureau search for the driver's license to provide the situation of processing

1. If the driver provides a driver's license, if there is no other violation of the law while driving, he will be given a warning or a fine of not less than 20 yuan but not more than 200 yuan, and the motor vehicle will be returned in time; 2. If the driver provides a driver's license, if there is a violation of the law while driving, he will be punished according to the illegal situation and the failure to carry the driver's license, and the motor vehicle will be returned in time; 3. If the driver fails to provide a driver's license, he will be punished as driving without a license.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or whose motor vehicle driver's license is temporarily detained shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained concurrently for not more than 15 Tongchang calendar days.

Driving without a license refers to a motor vehicle driver who does not meet the type of driving that does not meet the driver's license. Those who have not obtained a motor vehicle driver's license, or whose driver's license has been revoked or have been temporarily detained, shall be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.

Driving without a license is not equal to unsafe, it depends on the driver's operating skills and safety awareness, driving without a license can only be said to be non-compliant, the vast majority of traffic accidents are with a driver's license, or can not avoid accidents,

Driving without a license shall be punished according to the following provisions, depending on the severity of the specific circumstances:

1. Penalties for driving without a license in the new traffic law: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;

b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;

c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.

2. Penalties for driving without a license.

Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.

According to 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.

Driving without a license has not caused serious consequences, that is, the circumstances are minor.

The penalty is the temporary seizure of the vehicle, the person concerned is fined 200 to 2,000 yuan, and the person is detained for 15 days.

If the owner of the car knows that the party is unlicensed and hands over the car to the party for use, the owner will be fined 200 to 2,000 yuan and the driver's license will be revoked.

After the above processing is completed, the vehicle formalities and documents are complete, and the vehicle can be returned.