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Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison. 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. According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:
1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2 .Where 3 or more people are killed, they bear equal responsibility for the accident;
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 the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate. According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;
A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: (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 without a license or scrapped; (5) Driving with serious overload; (6) Fleeing the scene of the accident in order to evade legal prosecution.
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Penalties for driving without a license:
1) If the driver of a motor vehicle hands over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, the motor vehicle driver's license shall be detained, and the motor vehicle driver's license may be revoked concurrently.
2) Driving a motor vehicle without obtaining a motor vehicle driver's license, driving a motor vehicle during the period when the motor vehicle driver's license is revoked or suspended, or handing over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.
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Legal analysis: If you drive on the road without a driver's license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and you may be detained for 15 days. To drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with the law, otherwise serious legal consequences will be borne.
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) Refers to a motor vehicle driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering traffic facilities, causing harmful consequences, but does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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Legal analysis: If you drive on the road without a driver's license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on the perpetrator, and may also be detained for 15 days. where a crime is constituted, the perpetrator's criminal responsibility is pursued in accordance with law.
Legal basis: . Road Traffic Safety Law of the People's Republic of China Article 99 A pure judgment for any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) If the motor vehicle exceeds the speed limit by 50 percent;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and not heeding dissuasion, causing serious traffic jams or relatively large property losses.
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If you drive on the road without a driver's license, the punishment is mainly divided into two situations: in the first case, if you drive a vehicle purchased by yourself without obtaining a driver's license, the vehicle will be detained, fined 1,500 yuan, and you can also be detained for up to 15 days. In the second case, if the motor vehicle is lent to a person who has not obtained a driver's license for the Jizhou silver bullet car, he will be fined 200 to 2,000 yuan, and the driver's license can be revoked at the same time.
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You can't drive without a driver's license, otherwise you will be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and you can be detained for up to 15 days. According to the regulations, a person who drives a motor vehicle without obtaining a motor vehicle driver's license, or when the motor vehicle driver's license is revoked, or when the motor vehicle driver's license is suspended, shall be fined not less than 100 yuan but not more than 2,000 yuan for two acres of base car, and may be detained for not more than 15 days.
Legal basis: .
Article 99 of the Road Traffic Safety Law of the People's Republic of China.
Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) A motor vehicle driving more than 50 percent of the speed limit.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be concurrently detained for up to 15 days.
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