I want to ask about a case of a traffic accident and the thing is that the driver has drunk alcohol

Driving without a license shall be punished according to the following provisions, depending on the severity of the specific circumstances:

1. Penalties for driving without a license in the new traffic law: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their 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.

For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;

b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;

c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.

2. Penalties for driving without a license.

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.

According to 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.

After the police determine responsibility, they can apply for a review if they are not satisfied with the result.

First of all, drunk driving, driving without a license, are both illegal and criminally responsible. Furthermore, according to what you said, the driver should be speeding (driving at the intersection requires slow down), resulting in the discovery of the situation is not handled in time, and eventually leads to the occurrence of accidents. Now there is only hope for the monitoring of the intersection to see if someone else is in a hit-and-run, and even if someone hits and runs, it is not clear who killed the man, in a word, it is very troublesome.

Be mentally prepared, the worst result is not only to spend money, but also to go to jail, at least 3 years.

Only wait for the traffic police to confirm that the results are out.

First put aside the factors of drunk driving and driving without a license, the traffic police will make a traffic accident traffic police will make which car is primarily responsible for the accident, which car bears secondary responsibility, according to the "accident responsibility determination" for mutual claims, the main responsible party to settle the economic losses of the non-responsible party, after the responsibility is clear, the collision between the two cars came to an end, each in accordance with the "responsibility determination" for compensation, over, began to deal with their respective illegal acts of drinking and driving without a license.

What are "driving without a license" and "drunk driving".

"Driving without a license" means that you have not obtained a driver's license, or you have a driver's license, but the type of quasi-driving is inconsistent with the current model you are driving, or the driver's license has not been renewed in time after the expiration date, it is all unlicensed driving.

"Drunk driving" means that the driver's blood alcohol content is greater than or equal to 20 milligrams per 100 milliliters and less than 80 milligrams. If it exceeds 80 mg, it is considered drunk driving.

Drunk driving and people without a driver's license are illegal acts, not a direct basis for determining responsibility for accidents. In the case of a traffic accident, it was determined through a breathalyzer test that it was an offence to drive a motor vehicle under the influence of alcohol. Undocumented people, after checking on the Internet, found that he did not get a driver's license, and their illegal acts will be punished differently according to the provisions of the law.

Determination of liability for traffic accidents.

After a traffic accident occurs, the accident police will go to the scene of the accident to conduct a careful investigation, collect relevant evidence, and also question the parties involved in the accident. All this work done by the traffic police department is to restore the accident pattern before, during and after the traffic accident.

The accident police will divide the responsibility for the traffic accident according to the fault of the party in the traffic accident and the severity of the consequences caused by the wrong behavior. It is inappropriate and irresponsible to rely only on a drunk driver or unlicensed driving behavior to determine the size or attribution of responsibility.

One drunk driver, one unlicensed, two people in an accident, who is responsible.

In fact, drunk driving or unlicensed traffic violations are serious traffic violations and need to be punished, but whether drunk driving or unlicensed does not necessarily lead to traffic accidents, therefore, when determining traffic accidents, these two factors are usually ignored (separate punishment), and the responsibilities of both parties are comprehensively determined according to the degree of fault of both parties and the causal relationship between the fault and the traffic accident. If the fault is large, and the degree of fault is highly related to the consequences of the accident, the responsibility will be great, and vice versa.

Common traffic accident-related faults include speeding, driving in the wrong direction, and failing to pay attention to avoidance.

As for drunk driving and unlicensed, penalties need to be imposed separately in addition to the traffic accident handling.

If drunk driving is investigated, the license shall be detained for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan, and if the second drunk driving is investigated, the person shall be detained for not more than 10 days and fined not less than 1,000 yuan but not more than 2,000 yuan, and the driver's license shall be revoked.

Driving without a license shall impound the motor vehicle and impose a fine of not less than 200 yuan but not more than 2,000 yuan.

In short, both parties are driving illegally, the responsibility is the same, and a traffic accident occurs in the process of violating the law, and there is a violation of the road driving violation, and the party with the big violation bears the main responsibility. The smaller party is secondarily liable, or equally liable.

If a drunk driver and an unlicensed driver have a traffic accident, it is necessary to first distinguish who needs to be primarily responsible, if it is the responsibility of a drunk driving vehicle, driving without a license and there is no violation, then the primary responsibility in the accident is borne by the drunk driver, and the person driving without a license bears secondary responsibility.

These two people share the responsibility. And they must all claim compensation for the losses of the other party. However, at present, drunk driving is more serious.

Both people are responsible for such a thing, and both need to compensate for it.

Legal analysis: Traffic accidents caused by driving without a license and drunk driving should be punished separately for driving without a license and drunk driving. Anyone who 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.

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 by the traffic management department of the public security organ.

Legal basis: 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 drunk, 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.

Article 99 Anyone 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 the motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license is 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 temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent 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 that does not constitute a crime; (6) Violating the provisions of traffic control by repenting and forcibly passing, 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 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.

Summary. Hello dear, drinking together without a license driving in a car accident, others do not persuade drinking, generally there is no joint and several liability, in joint and several liability, according to the responsibility can be statutory, can also be agreed by the responsible person. Driving without a license while drunk is an offense in itself, and if an accident causes damage, the driver should bear all or part of the responsibility.

Hello dear, drinking together without a license driving in a car accident, others do not persuade the state of the town, generally there is no joint and several liability, in the joint and several liability of the brigade, the share of responsibility can be statutory, sail oak can also be the responsible person agreed. Driving without a license while drunk is an offense in itself, and if an accident causes damage, the driver should bear all or part of the responsibility. <>

Hello dear, whether there is specific responsibility depends on the situation, there are generally two different situations: 1. It is the traffic accident caused by the people who drink together who try to dissuade themselves from ineffective and insistent drunk driving, and the people who drink together are not responsible. 2. If the person who drinks with the bright table knows that drunk driving is illegal, but does not discourage or condone drunk driving and causes a traffic accident, he is jointly and severally liable.