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Robbery of a rental under the influence of alcohol is only used as a means of transportation, and where a traffic accident is caused, it shall be convicted and punished as the crime of causing a traffic accident; where serious consequences are caused, it shall be convicted and punished as the crime of dangerous driving; Where drunken robbery is for the purpose of illegal possession, it shall be punished as robbery or other crimes.
Article 133 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.
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 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;
Article 263:Whoever robs public or private property by violence, coercion or other means is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and a concurrent fine;
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Robbery of a car under the influence of alcohol shall be defined as the crime of robbery; The subsequent acts of escape and scraping are very likely to locate the aggravating circumstances of the crime of robbery.
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The circumstance of car robbery is a contradiction between friend and foe, and criminal responsibility must be borne. Stealing a rental should be severely punished.
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The man, Zhang, staged a farce after being drunk. He threw his fist at the taxi driver and drove the taxi on a rampage and collided with two cars, seriously disrupting the traffic order.
On August 5, 2011, Zhang, a 34-year-old man, borrowed wine to drown his sorrows because he was not looking for a job, bought six taels of liquor, and drank it on the side of the road. Zhang, who was drunk, walked to the vicinity of Xizhimen Bridge and beckoned a taxi, shouting that he wanted to go to Xiaojiahe, and instructed the driver Li to drive south. The driver saw that Xiao Jiahe was not in the direction pointed by Zhang, so he did not listen.
Zhang punched the driver in the passenger seat. The driver hurriedly braked, pushed the door and got out of the car. Unexpectedly, Zhang moved to the driver's seat, started the taxi and drove out.
Li chased all the way with the help of an enthusiastic driver, only to see Zhang driving a car all the way on a rampage, and collided with a Jetta car and a Buick car, and then because the tire burst and the speed of the car slowed down, the Buick driver blocked the road, the car stopped, Li and others then called the police to arrest Zhang. In addition, Zhang's driver's license has expired for three years, and he is driving without a license.
Legally speaking, the premise for the establishment of robbery is that the purpose of illegally taking possession of another person's property is held. However, Zhang was drunk at the time, and it was too far-fetched to "forcibly occupy" the taxi after drinking, so the circumstances of the car robbery may only be handled as an ordinary civil case. However, there is no excuse for drunk driving without a license, and a case should be filed for the crime of dangerous driving, which can be sentenced to about 6 months of detention.
In addition, it is subject to civil liability.
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It is illegal to drive under the influence of alcohol, hit two cars in a row, and run away by car. Drunk driving hit-and-run shall be punished heavily, and if the crime of causing a traffic accident is constituted, a sentence of not less than three years but not more than seven years imprisonment shall be imposed. Drunk driving is generally a discretionary aggravating circumstance, and if a traffic accident causes serious injury to one or more people in accordance with the law, and bears all or the main responsibility for the accident, and is drunk driving, it is convicted and punished as the crime of causing a traffic accident.
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. Article 133-1 Driving a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. Article 133-2 Whoever uses violence against the driver of a moving public transport vehicle or uses a driving control device to interfere with the normal operation of the public transport and endanger public safety is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.
Where the drivers provided for in the preceding paragraph abandon their duties without authorization, beat each other with others, or beat others with trousers, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
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Summary. Hello dear, it is a pleasure to serve you <>
Driving under the influence of alcohol, hitting two cars in a row, and driving away constitutes dangerous driving, the court will sentence you to criminal detention for up to 6 months and a fine of several thousand yuan. Because he caused a traffic accident and escaped, it is an aggravating circumstance and cannot be given a suspended sentence. Already suspected of dangerous driving.
What happens if you drive under the influence of alcohol, hit two cars in a row, and run away in a car?
Dear, hello, I am happy to serve you [Happy Loss Split] <> drunk driving, hitting two cars in a row, driving away constitutes dangerous driving, will be sentenced by the court to cancel the criminal detention of up to 6 months, and a fine of thousands of yuan. Because he caused a traffic accident and escaped, it is a circumstance that is aggravated and cannot be given a suspended sentence. Already suspected of dangerous driving.
legal basis; Whoever violates traffic and transportation management regulations in accordance with Article 133 of the Criminal Law of the People's Republic of China, 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 special circumstances, he 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 Article 45 The term of fixed-term imprisonment shall be between six months and not more than fifteen years for a single traffic accident and 15 years for a single traffic accident, except for the provisions of Articles 50 and 69 of this Law, and shall be sentenced to 15 years even if the consequences are serious. Where, in order to evade legal prosecution after a traffic accident, the victim is taken away from the scene of the accident and then hidden or abandoned, resulting in the victim's death or serious disability due to the inability to receive assistance, the punishment shall be determined for intentional assault or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.
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Legal analysis: If you have a hit-and-run, you will be criminally responsible, and you can directly report it to the police.
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 criminal detention; Where a person escapes after causing a traffic accident or has particularly heinous circumstances that match him, 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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Summary. Article 91 of the Road Traffic Safety Law.
Paragraphs 3 and 4 provide, 1Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 months and shall be fined not less than RMB. 2.
Those who are punished for driving a motor vehicle after drinking alcohol, and who drive a motor vehicle after drinking alcohol again, shall be detained for up to 10 days and fined between 1,000 and 2,000 RMB. 3.Revoke the motor vehicle driver's license, and if the motor vehicle is driven while drunk, the traffic management department of the public security organ shall restrain the motor vehicle until it sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license within 5 years.
4.Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, and the motor vehicle driver's license shall be revoked.
If the other party is drinking, I also deliberately drive to hit someone's house, which is the most serious.
Hello, you deliberately drove into someone's house and the circumstances were serious.
The other party has been drinking, and you have deliberately driven to hit someone, and you are suspected of intentional injury or intentional homicide.
My friend was drunk and was sitting in the car when the vehicle behind him deliberately hit.
Friend sitting in the car.
The vehicle behind was deliberately hit.
Which plot is heavier.
Can you hurry up. The car in the back is heavy.
First, drunk driving and traffic accident liability cannot be treated equally.
Second, drunk driving should be punished third, but the rear deliberately hits the main cause of the traffic accident and bears full responsibility.
Article 91 of the Road Traffic Safety Law.
Paragraphs 3 and 4 provide for reputation, 1Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 months and shall be fined not less than RMB. 2.
Those who are punished for driving a motor vehicle after drinking alcohol, and who drive a motor vehicle after drinking alcohol again, shall be detained for up to 10 days and fined between 1,000 and 2,000 RMB. 3.If the motor vehicle driver's license is revoked, and the person who drives a motor vehicle while intoxicated, he shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall not be re-obtained within 5 years.
4.Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public and filial piety organs until they sober up, and the motor vehicle driver's license shall be revoked.
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To constitute the crime of intentional injury, a person must have committed an act of harm, and by "harm" means an act that harms the physical health of another person. It is usually manifested as destroying the integrity of human tissues, such as cutting off fingers, gouging eyes, etc., and destroying the normal functions of human organs, such as causing people to lose hearing, vision, and neurological dysfunction. However, these acts of harm must be unlawful, and if they injure another person's body as a result of lawful acts such as legitimate self-defense, they do not constitute the crime of intentional injury.
If the other party is drinking, I also deliberately drive to hit someone's house, which is the most serious.
Hello dear, happy to answer your <>
If the other party is drinking, I also deliberately go to drive and hit someone's house, which is a heavy kiss You are deliberately hurting others.
Your sin is great. Intentional injury refers to the act of intentionally injuring another person's body. Intentional injury is serious and constitutes the crime of intentional injury, and the crime of intentional injury and harm is the most common crime of violating the personal rights of citizens.
To constitute the crime of intentional injury, a person must have committed an act of harm, and by "harm" means an act that harms the physical health of another person. It is usually manifested as destroying the integrity of human tissues, such as cutting off fingers, gouging eyes, etc., and destroying the normal functions of human organs, such as causing people to lose hearing, vision, and neurological dysfunction. However, these acts of harm must be unlawful, and if they injure another person's body as a result of lawful acts such as legitimate self-defense, they do not constitute the crime of intentional injury.
Legal basis] Article 234 of the Criminal Law Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury to others is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow the regulations.
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Under normal circumstances, if there are no other illegal circumstances, the drunk driver shall bear full responsibility for the occurrence of the traffic accident.
At the same time, it must also be punished according to law.
According to Article 91 of the Road Traffic Safety Law of the People's Republic of China:
Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, 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, and the motor vehicle driver's license shall not be re-obtained for life.
Because when people drink alcohol, they will be affected by alcohol, and they are prone to dizziness, lack of energy, and want to sleep, so they are resolutely not allowed to drive after drinking. Moreover, drunk driving is easy to cause traffic accidents, and traffic accidents are a matter of human life.
No, it takes 24 hours for alcohol to be completely removed from the body, and 4 hours of alcohol can also affect the driver's senses, at least more than 13 hours.
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