How should traffic accidents be judged? 10

The actual owner of the car is Qi Dalong, although he has not transferred the ownership, but he is not allowed to fight against you; Also, although Qi Dalong divorced his wife, he was evading responsibility. You can directly sue Qi Dalong and his wife for compensation.

If there are people, big things turn into small things, and small things dance.

In any of the following circumstances, a person 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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

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

Article 101 Anyone who violates the provisions of road traffic safety laws and regulations and causes a major traffic accident in Guangzhou, which constitutes a crime, shall be investigated for criminal responsibility in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.

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 escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where a party intentionally destroys or falsifies the scene or destroys evidence, the party bears full responsibility.

Motor Vehicle Traffic Accident Rapid Handling Office Burial Law (Trial)".

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

Millions of car purchase subsidies.

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, the remaining grandchildren 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.

Article 4: In any of the following circumstances, a traffic accident is "with other particularly heinous circumstances" and is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;

2) Where six or more people are killed, and 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 600,000 yuan or more.

The sentence after a traffic accident is: 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.

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

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes 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 particularly heinous circumstances on a mountain wheel, he 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.

Where the perpetrator constitutes the crime of causing a traffic accident, he is to be sentenced to up to three years imprisonment or short-term detention. 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 that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where Zheng You escapes after the accident or there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Shouting stool, who caused death by escaping, shall be sentenced to fixed-term imprisonment of not less than seven years.

The crime of causing a traffic accident is sentenced as follows:

1. Where the perpetrator 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, a sentence of up to three years imprisonment or short-term detention is to be given;

2. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Yin Jing, who caused death by escaping, shall be sentenced to fixed-term imprisonment of not less than seven years.

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

Whoever violates traffic and transportation management regulations, and thus accidentally 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 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 seven years with a suspended transport.

1. In the event of a traffic accident that causes serious injury to three or more persons or the death of one person, the perpetrator shall be fully or primarily responsible;

2. Causing the death of more than three people, and should bear the same responsibility for the accident;

3. If a traffic accident causes direct damage to other people's property or loss of public property, and the person is unable to compensate for more than 300,000 yuan, he or she shall bear all or the main responsibility for the accident. Traffic offenders with any of the above circumstances are generally sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Whether or not a traffic accident case is filed, it is necessary to distinguish the responsibility for the accident and whether it is in line with the consequences of the crime.

In addition, if there is a person who drives a motor vehicle under the influence of alcohol, drives a vehicle after taking drugs; In situations such as driving without a license or a serious overload, the public security organs shall file a case for investigation.

1. 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:

1) Driving a motor vehicle after drinking alcohol 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 with serious overload;

6) Fleeing the scene of the accident in order to evade legal prosecution for the escape of sails.

[Legal basis].

Article 133 of the Criminal Law.

Crime of causing a traffic accident: Fixed-term imprisonment of not more than three years or short-term detention: Whoever flees after causing a traffic accident and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

The crime of causing a traffic accident refers to a person who violates traffic and transportation management regulations, resulting in 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.

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term 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 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years.

Whoever, on the basis of article 133 of the Criminal Law of the People's Republic of China, 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.

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 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 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.

The crime of causing a major traffic accident is generally sentenced to fixed-term imprisonment of not more than three years or short-term detention. 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 that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.