If you kill someone without intentionally driving and do not have a driver s license, but the compen

Article 133 of the Criminal Law: Where traffic and transportation management regulations are violated, 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; 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 2 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" 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) one person dies or three or more persons are seriously injured, and bears full or primary responsibility for the accident;

If the driver who caused the accident actively compensates, and obtains the forgiveness of the injured party and the family of the family to obtain a letter of understanding, the court will consider the sentencing circumstances, and the subjective malice is small, the attitude of admitting guilt is good, and the sentence is appropriate, and it is best to obtain a suspended sentence, which is generally less than 3 years in prison.

Money is not omnipotent, one is civil, the other is criminal, and the two can't be mixed up, of course, if your dad is ***, it's okay, just a society, it's Li Ning: everything is possible!!

The sentencing standard mainly depends on whether the deceased bears responsibility for the accident, and it is estimated that at least three years, the compensation is satisfactory to the injured party, and the injured party must forgive the injured party

Hitting someone with a car is unintentional, if it is intentional, it should be intentional homicide, and the loss of money is civil, and the criminal law will not sentence the perpetrator because he lost money, but if the perpetrator's subjective malice is small and the loss of money is positive, the sentencing punishment will be reduced. The general offence of traffic accident is punishable by three years, and it is estimated that he should be sentenced to six months in prison. Gao Xiaofeng's case was drunk driving, isn't it just that he was sentenced to 6 months.

Hello, there is no necessary relationship between the victim's receipt of civil compensation and whether the public prosecution authority prosecutes criminal liability. It is only used as one of the circumstances to be considered in sentencing.

Lawyer Sun Yangsheng.

1. Is there still a sentence for compensation for the death of a person who was hit by driving without a license?

1. Driving without a license hits and kills a person, and the sentence is also imposed after compensation. If a person is killed by driving without a license and is sentenced to a criminal penalty, the perpetrator shall still be responsible for compensating for the economic losses caused to the victim. Because the assumption of criminal liability does not exempt the perpetrator from civil liability.

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; 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.

2. What are the constitutive elements of the crime of causing a traffic accident?

1. Subject matter requirements. The object of the violation is the safety of transportation. Transportation refers to railway, highway, water and air transportation that is linked to certain means of transportation and transportation equipment, and the characteristics of this kind of transportation are that it is closely linked to the safety of the lives and property of the broad masses of the people, and once an accident occurs, it will endanger the life safety of an unspecified number of people.

causing extensive damage to public and private property, so that its conduct is essentially a crime endangering public security;

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

3. Main requirements. The main body is a general subject. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can be constituted.

The subject cannot be understood as all personnel working in the above-mentioned transportation departments, nor can it be understood as only referring to the drivers of trains, automobiles, trams, ships, aircraft and other means of transportation, but should be understood as all personnel directly engaged in transportation business and ensuring transportation and non-transportation personnel;

4. Subjective elements. The subjective aspect manifests itself as negligence, including negligent negligence and overconfident negligence. This negligence refers to the mental attitude of the perpetrator towards the serious consequences that his violation may cause.

The perpetrator may knowingly commit a violation of rules and regulations, such as drunk driving, forcible overtaking, speeding, etc., but a major accident may occur in his or her violation of the rules, causing serious consequences, and should have been foreseen but was negligent and did not foresee, or although he had foreseen, he believed that it could have been avoided, resulting in serious consequences.

Legal analysis: Sentencing and conviction are based on the specific circumstances of the crime, whether the perpetrator of the crime needs to bear civil liability and criminal liability, and whether driving without a license is accompanied by dangerous driving or hit-and-run. Specifically, there are four criteria for conviction:

1. Where driving without a license causes death or serious injury to many people, usually 3 or more serious injuries, the sentence is generally less than three years;

2. Driving without a license causing the death of multiple people is a serious traffic accident and is generally sentenced to 3-7 years imprisonment;

3. Where driving without a license causes serious damage to public property or the property of others, a sentence of up to 3 years imprisonment shall be given;

4. Driving without a license accompanied by dangerous driving is a heinous circumstance, such as drunk driving, drug driving, hit-and-run, etc., and shall be sentenced to long-term fixed-term imprisonment, usually more than seven years, and even death or life imprisonment in serious cases.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 99 Anyone 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.

Legal analysis: The perpetrator of the crime needs to bear civil liability and criminal liability according to the specific circumstances, and whether driving without a license is accompanied by dangerous driving or hit-and-run. Specifically, there are four criteria for conviction:

1. Where driving without a license causes death or serious injury to many people, usually 3 or more serious injuries, the sentence is generally less than three years;

2. Driving without a license causing the death of multiple people is a serious traffic accident and is generally sentenced to 3-7 years imprisonment;

3. Where driving without a license causes serious damage to public property or the property of others, a sentence of up to 3 years imprisonment shall be given;

4. Driving without a license and accompanied by dangerous driving behaviors are heinous circumstances, such as drunk driving, drug driving, hit-and-run, etc., and shall be sentenced to long-term fixed-term imprisonment, usually more than seven years, and even death or life imprisonment in serious cases.

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

Where the perpetrator's unlicensed driving behavior causes a traffic accident and kills another person, a suspended sentence may be given if the relevant provisions on probation are met. For criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; Where the announcement of a suspended sentence does not have a major negative impact on the community in which they live, a suspended sentence may be announced.

Article 72 of the Criminal Law of the People's Republic of China.

Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met at the same time, and a suspended sentence shall be announced for those who are not yet 18 years old, pregnant women, and those who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

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 sentenced to probation is sentenced to an additional sentence, the supplementary sentence must still be enforced.

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 Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and in any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

2) Driving a motor vehicle without driving qualifications;

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.

Conditions for criminal liability for driving without a license to injure a person:

1. The injured person was evaluated for the degree of injury, and the conclusion was that he was seriously injured;

2. The unlicensed driver is fully or mainly responsible for the accident;

3. If the above two conditions cannot be met at the same time, it shall not constitute the crime of causing a traffic accident.

If the crime of causing a traffic accident is constituted, the statutory penalty is fixed-term imprisonment of not more than three years or criminal detention.

You have a very good attitude and cooperate with others to deal with things, and the people don't sue the officials and don't correct them.

Driving without a license! Not a big problem....He was detained for about 15 days.

The car hit a passerby on the head, the doctor checked that there was nothing serious, and the unlicensed driver was in prison for several years.

Legal analysis: The victim who has not been sentenced for driving without a license may file a lawsuit with the court again, and secondly, if there is an objection to the determination of the road traffic accident, he may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination document for burial. The application for review shall clearly state the request for review, its reasons and main evidence.

The traffic management department of the public security organs at the higher level receives the written review application of the parties within five days after imitating ants, shall make a decision on whether to accept it. The traffic management department of the Mingyou public security organ at the next level shall conduct a review within 30 days from the date of acceptance of the review application, and make a review conclusion, and the review shall be limited to one time.

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.