What is the sentence for driving an unlicensed vehicle during probation resulting in the death of tw

I just think that this must be according to the highest penalty ratio, for example, generally speaking, the punishment for traffic accidents has a range, a few years to a few years, but if you think the impact is very bad, it must be the highest.

The probation also resulted in the death of two people. First of all, it is necessary to resentence. To revoke his permanent driving privilege. At least the sentence is indefinite.

If the punishment is increased if an accident is caused during the prison term, first of all, economic compensation is the first step, the second step is to determine the responsibility according to the public security organ, and the third step is to determine the sentence by the court.

Under normal circumstances, the driver's license should be revoked during the probation period! As for the characterization of the accident, the first face will be determined according to the actual situation, the unlicensed vehicle is a new car without a license plate or an old car, scrapped car?

This should be determined according to the actual situation, if it involves escape, crime, and failure to actively compensate after the accident, do not obtain the understanding of the victim's family, and do not obtain the trust of the victim, then the prison sentence is absolute!

The results of the responsibility determined by the traffic police and the demands of the deceased's family are the main conditions for the court's sentencing. As in the case of the Maserati female assault case, if the family does not need compensation, but only wants a heavy sentence, and then according to the offender's own behavior, then the sentencing result should be unlimited.

It caused two deaths and was a major traffic accident. If there is no disc and the sentence is on probation, then the jail sentence and the previous probation sentence will be taken. Sentenced together.

Driving an unlicensed vehicle while on probation caused the death of two people, and under normal circumstances, a sentence would have been imposed.

If two people are killed while driving an unlicensed vehicle during the issuance period, the sentence may be increased.

What is the sentence for driving an unlicensed vehicle while on probation, resulting in the death of two people? That's even more serious.

Analysis of the law and law: After the death of two people in a traffic accident, whether or not a suspended sentence can be given depends on the specific circumstances, and if the sentence is less than three years imprisonment and there is remorse, the court may announce a suspended sentence.

Legal basis: "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 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, 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 300,000 yuan or more.

In any of the following circumstances, 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 under the influence of alcohol or drugs;

2) Driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Criminal Law of the People's Republic of China Article 72: Where criminals sentenced to short-term detention or up to three years imprisonment are convicted, and the following conditions are met at the same time, a suspended sentence may be announced, 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 relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. 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.

Legal Analysis: May be punishable by imprisonment of not less than three years but not more than seven years.

Legal basis: "Daoqinwei Road Traffic Safety Law of the People's Republic of China" Article 99 Anyone who drives a motor vehicle without obtaining a motor vehicle driving license, has its motor vehicle driving license revoked, or has its motor vehicle driving 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.

Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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.

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 criminal 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 for an 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) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order;

(4) Knowingly driving a motor vehicle without a license or has been scrapped;

(5) Driving seriously overloaded;

Legal Analysis: May be punishable by imprisonment of not less than three years but not more than seven years.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 99 A person 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 shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.

Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents Caused by Confiscation stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of three years or criminal 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 for an 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 without a license or has been scrapped;

(5) Driving seriously overloaded;

Summary. Dear, good owner. Driving while intoxicated and without a license to the point of death may be sentenced to a suspended sentence Where a traffic accident occurs while driving while intoxicated, 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 short-term detention is to be given; If there is an act of escape, the sentence is to be between three and seven years imprisonment.

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, 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. Article 133-1, Paragraphs 2 and 3 of the first paragraph of the Criminal Law stipulate that anyone who drives a motor vehicle on the road and drives a motor vehicle while intoxicated shall be sentenced to short-term detention and a concurrent fine. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Dear, good owner. Driving while intoxicated without a license to the point of death may be sentenced to a suspended sentence for drunk driving, 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 short-term detention is to be given; If there is an act of escape, the sentence is to be between three and seven years imprisonment. Article 133 of the Criminal Law stipulates that if a major accident occurs in violation of traffic and transportation management regulations, causing serious injury or death, or causing major losses to public or private property, Liang Mengji 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.

Article 133-1, Paragraphs 2 and 3 of the first paragraph of the Criminal Law stipulate that anyone who drives a motor vehicle on a road with intellectual property and drives a motor vehicle while intoxicated shall be sentenced to short-term detention and a concurrent fine. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal basis: Article 72 of the Criminal Law stipulates that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women in the key fields, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) Draftman shouted that there was no danger of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

Can recidivists get probation.

Judgment by the court.

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Driving while intoxicated and driving without a license causing death is not a suspended sentence. Due to the serious consequences of drunk driving without a license, someone has died, and it is not in the conditions for probation!

Can you get a suspended sentence for driving drunk and without a license to the point of death.

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Driving while intoxicated and unlicensed and causing death is not a suspended sentence. Due to the serious consequences of unlicensed He Bi's drunk driving, someone died, and it was not in the conditions for probation!

In any of the following circumstances, a suspended sentence for driving a drunk motor vehicle is not applicable: (1) driving while intoxicated causes minor injuries or more consequences to others; (2) Driving a motor vehicle on a highway while intoxicated; (3) Driving a commercial motor vehicle, a medium-sized motor vehicle or above, or seriously overcrowding, overloading, or speeding; (4) Driving a motor vehicle on the road without driving qualifications; (5) Refusing to appear in court or fleeing during the course of litigation; (6) When drunk driving is investigated, there is a driving escape or serious resistance to inspection; (7) Have been investigated and punished for drunk driving within three years, and have been investigated and punished for drunk driving within the previous five years; (8) Driving a vehicle that is clearly known to not meet the safety and technical inspection standards for motor vehicles or has been registered and scrapped, driving an unlicensed vehicle or using a forged or altered motor vehicle number plate.

Where the circumstances of the death of two people in a traffic accident are particularly heinous, they shall be sentenced to fixed-term imprisonment of not less than three years, and a suspended sentence cannot be announced. Article 133 of the Criminal Law provides 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 feelings of repentance, 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.

Whether two people who died in a traffic accident can be given a suspended sentence needs to be determined according to the circumstances. They are:

1. Where two persons are sentenced to fixed-term imprisonment of not more than three years after a traffic accident causes the death of two people, and there is an expression of remorse, the court may announce a suspended sentence;

2. If there is no remorse after the death of two people caused by a traffic accident, the court will not announce a suspended sentence.

What are the constitutive elements of the crime of causing an accident?

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. Because only if the traffic cause chain argues and produces major consequences, can the crime of traffic accident be constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship that is protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Legal basisArticle 133 of the Criminal Law of the People's Republic of China.

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.