After a drunk driver hit a person and caused serious injuries, he fled after hitting 120 110, and th

Updated on society 2024-06-18
14 answers
  1. Anonymous users2024-02-12

    According to Article 91 of the Road Traffic Safety Law of the People's Republic of China:

    Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

    If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

    Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

    Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

    If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

    Amendment (8) to the Criminal Law of the People's Republic of China

    Adopted at the 19th Session of the Standing Committee of the 11th National People's Congress on February 25, 2011).

    Two. Ten. 2. Add one article after Criminal Law article 133 to be article 133-1: "Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine.

    Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. ”

    Road Traffic Safety Law of the People's Republic of China

    Article 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, and a crime is constituted, criminal responsibility shall be investigated in accordance with 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.

    Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China

    Article 92 Where a party escapes after a traffic accident occurs, the party who escapes bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.

  2. Anonymous users2024-02-11

    It's your fault. Voluntary surrender will be considered as appropriate.

  3. Anonymous users2024-02-10

    Anyone who drives a motor vehicle while intoxicated and causes the death of one or more persons or the serious injury of three or more persons in a traffic accident, and bears all or the main responsibility for the accident, shall be convicted and punished as the crime of causing a traffic accident. Whoever escapes after causing a crime or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

    Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived. In the case of positive compensation, it will be considered as a condition in sentencing.

    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, a sentence of up to three years imprisonment or criminal 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.

  4. Anonymous users2024-02-09

    Legal Analysis: Serious injury caused by hit-and-run: fixed-term imprisonment of not more than 3 years or criminal detention.

    The crime of causing a traffic accident generally involves a criminal act that violates road traffic management regulations, causes a major traffic accident, causes serious injury or death, or causes major losses to public or private property, and is investigated for criminal responsibility in accordance with law. Death due to escape is generally a situation in which the perpetrator flees after a traffic accident to avoid legal prosecution, resulting in the death of the victim due to lack of assistance.

    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. 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.

    Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished 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.

  5. Anonymous users2024-02-08

    A hit-and-run accident caused serious injury under the influence of alcohol shall be punishable by fixed-term imprisonment of not less than three years but not more than seven years.

    Article 133 of the Criminal Law stipulates that a person who violates the laws and 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 criminal detention of a person who picks up bridges; 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 imprisonment for a term of not less than seven years.

  6. Anonymous users2024-02-07

    Hello. According to the sentencing standards for the crime of causing a traffic accident, the penalty for escaping after causing an accident is 3 to 7 years.

    Sentence of imprisonment. At the same time, if you voluntarily surrender, but the law stipulates that if you voluntarily surrender after escaping, the heavier statutory punishment shall be used as the basis in accordance with the law, and whether and the range of lenient punishment shall be determined depending on the specific circumstances. Therefore, the sentence is at least 3 years and not more than 7 years.

  7. Anonymous users2024-02-06

    Traffic hit-and-run suspected of the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and voluntary surrender may be given a lighter punishment.

    Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations 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 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.

    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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

    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.

    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;

  8. Anonymous users2024-02-05

    This kind of question is best asked to a professional lawyer.

  9. Anonymous users2024-02-04

    It is not a crime to cause serious injury in a traffic accident.

  10. Anonymous users2024-02-03

    This one has to be looked at separately.

    First: Drunk driving causing death to two people This belongs to the scope of the criminal law, which has caused death due to "drunk driving", is suspected of violating the Criminal Law, and is a more serious act in the "traffic accident", and is sentenced to 3-7 years in prison. If the amount of inability to pay compensation reaches a certain level, the penalty will be increased, and the sentence may be more than 7 years in prison.

    Second: Escape.

    The Criminal Law stipulates that a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years.

    These two are superimposed penalties. The minimum sentence is definitely 3 years. The upper limit is unknown Third: voluntary surrender can be mitigated or mitigated. Of these, where the crime is relatively minor, punishment may be waived.

    It depends on the level of your lawyer.

    Anyway, there are three points that I don't want to hide.

    Lifetime driving ban + jail time + losing money.

  11. Anonymous users2024-02-02

    Hello 1, if you are suspected of the crime of causing a traffic accident, the statutory sentence is 3-7 years imprisonment, drunk driving and escape, regardless of whether there is compensation and what the victim's opinion is, the suspended sentence cannot be applied;

    2. In this case, the effect of voluntary surrender is minimal, and the sentence is about 5 years without considering compensation.

  12. Anonymous users2024-02-01

    Fines, losing money, jail, and driving bans for life.

  13. Anonymous users2024-01-31

    Summary. In addition, if drunk driving causes death, according to Article 233 of the Criminal Law of the People's Republic of China, the criminal suspect will face a sentence of imprisonment of not less than three years, fixed-term imprisonment of not more than 10 years, or life imprisonment. If the criminal suspect escapes, according to article 386 of the Criminal Law of the People's Republic of China, the criminal suspect will face criminal detention, fixed-term imprisonment of not more than three years, or fixed-term imprisonment of not less than seven years.

    According to Article 96 of the Road Traffic Safety Law of the People's Republic of China, the fine for drunk driving is between 5,000 yuan and 20,000 yuan, and the driver's license is revoked and 12 points are deducted. If a major accident is caused, the driver's license will be revoked and it will never be reissued. <>

    Hello.

    According to article 133 of the Criminal Law of the People's Republic of China, whoever commits the crime of causing a traffic accident and the circumstances are serious, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are particularly serious, the sentence is to be three years imprisonment and a fine of up to seven years for lack of sensitivity. <>

    In addition, if drunk driving causes death, according to Article 233 of the Criminal Law of the People's Republic of China, the criminal suspect will face a sentence of imprisonment of not less than three years, fixed-term imprisonment of not more than 10 years, or life imprisonment. If the criminal suspect escapes, according to article 386 of the Criminal Law of the People's Republic of China, the criminal suspect will face criminal detention, fixed-term imprisonment of not more than three years, or fixed-term imprisonment of not less than seven years. According to Article 96 of the Traffic Safety Law of the People's Republic of China, the fine for drunk driving is between 5,000 yuan and 20,000 yuan, and the driver's license will be revoked and 12 points will be deducted.

    If a major accident is caused, the driver's license will be revoked and will never be re-obtained. <>

    Dear, is there anything else you don't understand? You can also tell us more about your situation, and I will answer for you. <>

  14. Anonymous users2024-01-30

    Summary. Hello dear, happy to answer your <>

    1. Where a person causes a traffic accident by drunk driving, causing serious injury and then fleeing, the people's court may impose a sentencing punishment on the basis of the relevant provisions of the crime of causing a traffic accident. The Criminal Law stipulates that a person who violates traffic and transportation management regulations 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 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;

    How long is the sentence for two deaths and one serious injury caused by drunk driving?

    Hello, dear, I am glad to answer the <> of [fresh spring flowers].

    1. Where a person is drunk driving and causes a traffic accident, causing serious injury and then escaping, the people's court may give sentencing and punishment to the person in accordance with the relevant provisions of the crime of causing a traffic accident. The Criminal Law stipulates that a person who violates traffic and transportation management regulations 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 criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

    The relevant legal basis for the rectification and quiet reasoning for you is as follows: 2. Criteria for filing a case for the crime of traffic accident 1. In a lead deficiency banquet accident, the owner of the car bears all or the main responsibility for the accident, and causes one death or three or more serious injuries; 2. Both parties are responsible and equally responsible in the accident, resulting in the death of more than three people; 3. If property damage is caused, the owner bears all the responsibility for the accident or is mainly responsible, and the compensation amount is more than 300,000 yuan, and he is unable to compensate. 4. In the accident, the owner of the car bears all the responsibility for the accident or the main responsibility of the Fuyin, and the accident results in serious injury to more than one person, and in one of the following circumstances, it shall be convicted and punished according to the crime of traffic accident:

    1) Driving a motor vehicle after drinking alcohol or taking drugs; (2) Driving a motor vehicle without a driver's license; (3) Knowing that there is a problem with the car, but failing to repair and drive it in time; (4) Knowing that it is an unlicensed or scrapped car still driving; (5) The car being driven is seriously overloaded; (6) Fleeing after a traffic accident.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

    I was drunk and drove my own car and collided with a person riding a motorcycle, the person riding a motorcycle Xiangdong car took 2 children on the motorcycle, 2 Xiaozao hidden children died on the spot, and the adult riding the motorcycle became seriously injured, and at that time he was drunk and walked around.

    Hello dear, happy to answer your <>

    1. A drunk driver hit-and-run causing death was sentenced to more than seven years in prison. 2. "Death of the person in chains due to escape" refers to a situation in which the perpetrator flees after a traffic accident to avoid legal prosecution, resulting in the death of the victim due to lack of assistance. 3. According to the provisions of law, a person who escapes after causing a traffic accident or has other particularly bad circumstances 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.

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