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The determination of accident responsibility by the public security traffic police department is the first step, and if there is no responsibility or secondary responsibility, criminal responsibility will usually not be pursued, and criminal responsibility will not be awarded.
In the second step, if the victim's family forgives the victim's family for the accident damages, they will usually be sentenced to a suspended sentence or serve their sentence outside of prison. There is no need to carry out the sentence in prison.
Third, if a payout agreement cannot be reached. Generally speaking, a person who causes the death of one person or two serious injuries shall be sentenced to fixed-term imprisonment of not more than three years, and those who cause the death or serious injury of multiple persons shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Yes, a fine may be imposed. Lifetime driving ban.
The specific judgment shall be based on the facts of the case, the collection of evidence, and local laws and regulations.
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According to the law, the death of another person due to violation of traffic and transportation management regulations is suspected of the crime of causing a traffic accident, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Legal basis: 1. Article 133 of 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 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.
II. 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 in 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.
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This depends on the specific situation of the motor vehicle taking the wrong road at that time;
In general, the responsibility for traffic accidents caused by motor vehicle violations lies with the motor vehicle side, and all expenses of the victim are responsible, including compensation from the family, and then it depends on the attitude of the family. If the family does not pursue criminal responsibility.
The court may make a judgment based on the degree of harm and impact to society at the time.
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Write the words clearly and ask again.
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Hello, according to the provisions of the Criminal Law, anyone who violates the traffic and transportation management regulations, and thus causes 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 3 years or criminal detention. According to the provisions of the Criminal Law, the so-called "occurrence of a major accident" refers to one of the following circumstances: (1) one person dies or three or more people are seriously injured, and the person bears full or primary responsibility for the accident; (2) If there are three or more deaths, the person bears 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 the crime of causing a traffic accident in the amount of 300,000 yuan.
In this case, you may be held criminally liable for up to three years if you were primarily responsible for causing the death of a person based on your statement. We hope that the legal services provided to you will be helpful to you.
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