1 person died in a driving accident What is the specific penalty for the driver to escape

1. Handling of traffic accident escape.

The act of escaping after causing a traffic accident shall be dealt with as follows according to different circumstances:

1.Those who flee after causing a traffic accident and do not constitute a crime shall be fined between 200 and 2,000 yuan by the public security organs, and may be detained concurrently for up to 15 yuan.

2.In the event of a major traffic accident that constitutes a crime and there is no escape, the public security organ shall revoke the driver's license of the motor vehicle in addition to pursuing criminal responsibility in accordance with law.

3.In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license for life.

2. Relevant provisions on traffic accident escape.

Road Traffic Safety Law of the People's Republic of China (Amendment).

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.

Measures for the Rapid Handling of Motor Vehicle Traffic Accidents (Trial).

13th hit-and-run, the traffic management department of the public security organs shall impose a fine of less than 2,000 yuan on the driver in accordance with the law, and shall be subject to administrative detention of up to 15 days, 12 points; The insurance company shall increase the insurance premium of the escaped vehicle in the following year.

It's too dizzy, and it's all responsibility for escaping for any reason, waiting to go to jail. You are not allowed to apply for a driver's license again for life. Alas. Large compensation is inevitable

If you escape, it's better to make up an excuse and say that you drank too much and left without knowing.

This is called being out of the scene for at most 3 months in the detention center, and you can't get a driver's book when it's too old.

I had an uncle who had this experience, and he really drank too much, and he didn't know how to go back to sleep, and he didn't know that he was shocked.

shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall not escape!

Where the driver of a motor vehicle hits and runs away or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Where the driver of a motor vehicle causes death in a hit-and-run traffic accident, he shall be sentenced to fixed-term imprisonment of not less than 7 years but not more than 15 years.

If you do not escape, you should follow the following regulations:

Where a driver of a motor vehicle causes a major accident in violation of traffic and transportation management regulations, causing serious injury or death, or causing major losses to public or private property, constituting the crime of causing a traffic accident, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

Kill!!! I dare not admit that I have done my own sins!!

Huge indemnities, imprisonment is generally indispensable!

Sentencing for the death of one person in a traffic hit-and-run: fixed-term imprisonment of not less than seven years. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.

[Legal basis].Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident and causing a person to be seriously assaulted or killed, 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 Zen bench escapes after causing a traffic accident or there are 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.

Legal Analysis: Whoever violates traffic and transportation management regulations, resulting in 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.

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, 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;

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

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

Summary. Article 2 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 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 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.

Hello, it constitutes a traffic accident.

First, if you are cautious, if you flee after a driving accident that causes death on the spot, it constitutes a traffic accident and second, you will be punished heavily, and you will be fully responsible for the third, regardless of whether you drive in violation of the rules or not, you will be responsible for hitting the person.

Article 2 of 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 Involving Guessing and Returning from 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 dies or three or more persons are seriously injured, and he or she bears all or the main 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 the amount of 100,000 yuan or more.

Legal analysis: The crime of negligence causing death refers to the act or act of negligently failing to foresee or having foreseen the death of another person and depriving others of their right to life. The subject of the crime is a general subject, that is, a natural person who is at least 16 years old and has the capacity for criminal responsibility.

Legal basis: Article 233 of the Criminal Law of the People's Republic of China Article 233 Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

1. What is the punishment for the death of a driver in a hit-and-run.

1. The driver who hits and runs and causes the death of a person is generally sentenced to more than seven years in prison. According to the relevant laws, the establishment of any kind of crime must meet the constitutive elements of four aspects, namely, the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.

2. Legal basis: Article 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; Whoever, after causing a traffic accident, is to 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.

II. What are the constitutive elements of the crime of causing traffic accidents?

1. The main body is a general subject and cannot be a unit;

2. The object infringes on the safety of public transportation;

3. Subjective negligence;

4. Objectively, it is manifested as a violation of road traffic and transportation management regulations, resulting in a major traffic accident, causing serious injury, death or major losses to public or private property.

3. What are the criteria for filing a case for the crime of causing a traffic accident?

1. One person is killed or three or more people are seriously injured, and the person bears full or main responsibility for the accident;

2. If there are more than 3 deaths, the person bears equal responsibility for the accident;

3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

Legal analysis: The penalty for causing death in a hit-and-run accident is imprisonment of more than seven years. 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 of a person who has been suspended from meditation:

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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China, a person who violates the laws and regulations on the administration of transportation, thereby 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.