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In the case you described, in accordance with the provisions of the Criminal Law and relevant laws and regulations, you will only be considered to have escaped after hitting a person. Hope it helps.
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I don't really understand what it means to "hit someone without knowing it", the movement of hitting people is very big, how can you not know it? Unless in one case, drunk driving.
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1. How to define traffic hit-and-run in 2022.
What should be done in a traffic hit-and-run:
First, the parties knew that a traffic accident had occurred at the time;
Second, the parties subjectively want to evade legal liability (whether it includes criminal and civil liability is different, and we tend to only be criminally liable);
Thirdly, the scene of the traffic accident has been left.
Only if the above three conditions are met, can it be determined that it is a traffic hit-and-run, otherwise, it is inevitable that the determination that the party left the scene of the accident is an escape, and at the same time, it has no basis in law and is not in accordance with the situation. In the above-mentioned case 2, He's conduct clearly met the above three conditions, and it should be determined that he had escape circumstances, while in case 1, although Gu X had the circumstances of leaving the scene, his subjective purpose was not to evade legal prosecution, but to surrender to the traffic police department, so it cannot be found that he escaped; In Case 3, Li's conduct could not be determined to be an escape, although he had the subjective purpose of evading legal prosecution, he did not leave from the scene of the traffic accident.
2. Constituting the crime of causing a traffic accident:
1. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and there is an act of escaping, where a traffic accident is constituted, a sentence of up to 3 years imprisonment or short-term detention is to be given;
2. Where a traffic accident has occurred and the conditions for the crime of causing a traffic accident have been specifically constituted, and the perpetrator escapes after causing a traffic accident, he is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years;
3. If the crime of causing a traffic accident is constituted and there is an escape, 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.
3. How to punish traffic hit-and-run.
The determination of responsibility is heavy. According to the provisions of the "Road Traffic Safety Law": "If the repentant party escapes or deliberately destroys, falsifies the scene, or destroys evidence, so that the responsibility for the traffic accident cannot be determined, he shall bear full responsibility."
In a traffic accident, the driver may not be responsible or only partially responsible, but if he escapes and the responsibility for the traffic accident cannot be determined, the driver will be fully responsible for the traffic accident.
Heavy damages. According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", the compensation cost can range from a few thousand yuan to tens of thousands of yuan or even hundreds of thousands of yuan. However, if the vehicle involved in the accident escapes, according to the "Insurance Contract", the insurance company will no longer bear the insurance liability, and the owner of the car will bear all the compensation costs.
The administrative punishment is heavy. According to paragraph 2 of Article 101 of the Road Traffic Safety Law, which came into effect on May 1 this year, the public security traffic management department will revoke the driver's license of a motor vehicle for a driver who escapes after causing a traffic accident, regardless of the size of the consequences of the traffic accident, and will not be allowed to re-obtain it for life.
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If a person escapes after a traffic accident, if it has not yet constituted a crime, the traffic management department of the public security organ may impose an administrative penalty of a fine of not less than 200 yuan but not more than 2,000 yuan. A person who flees after causing a traffic accident and has already committed the crime of causing a traffic accident shall be subject to the criminal punishment of fixed-term imprisonment of not less than three years but not more than seven years. If a person dies as a result of escape, he shall be punished by imprisonment for not less than seven years.
Article 133 of the Criminal Law Whoever violates the regulations on the management of transportation in a state of convergence and source shelter, 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.
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