How to sentence and compensate for drunk driving causing death on the spot? Hurry 50

1. It is difficult to tell you the specific compensation, and the amount of compensation mainly involves the following aspects according to the local economic level:

Child support (23-year-old daughters do not have it, if you are a university student, you can request tuition payment).

Parental and parent-in-law maintenance.

2. Funeral expenses.

3. Claims for moral damages from close relatives (daughters, parents, and fathers-in-law in this case).

Second, criminal and civil are not chosen, and civil compensation can still be requested for sentencing, because the crime also violates the social management order and is not allowed by the state, so even if you want to be private, but once the public security organ intervenes, the driver will be investigated for criminal responsibility, not to listen to you. In this case, drunk driving causing death is not negligence, and the circumstances are serious, and the sentence is more than 10 years in prison. However, the victim may still file a civil lawsuit attached to the criminal case and claim civil compensation.

3. After the court awards compensation, if the driver fails to enforce it, he may apply to the people's court to enforce the driver's property, but the basic living needs of his family must be guaranteed.

Fourth, this must be done by the traffic police force, because the court will ask for the traffic police team's appraisal opinion when hearing the case, which is very important. If the traffic police force does not accept it, it is required to provide a written decision not to accept it, and then it can file an administrative reconsideration with the people at the next higher level or at the same level.

For drunk driving, the Criminal Law Amendment (VIII) stipulates that anyone who drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while intoxicated on the road, shall be sentenced to criminal detention and a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Therefore, drunk driving causing death should be punished according to the circumstances of the traffic accident crime

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where death is caused by escape, is to be sentenced to fixed-term imprisonment of not less than seven years.

In the case of death in a traffic accident: compensation shall be made for funeral expenses, living expenses of dependents, compensation for death, mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. The specific amount is calculated according to the deceased's household registration, local statistical data, the number of dependents, age, local living standards, etc., and the calculated total amount within the limit of the other party's compulsory vehicle insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the driver and the owner of the vehicle.

2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

According to the Criminal Law of the People's Republic of China, the Traffic Safety Law of the People's Republic of China and other relevant laws and regulations, your description is not clear, and it is not possible to consult clearly in one or two sentences. It is advisable to speak to a lawyer in person. It is not a few words of advice that can help you handle the case, and the professional issues will be left to the professionals to handle them well.

Zongheng Legal Network-Shaanxi Hongshun Law Firm-Li Junchang lawyer.

Hurry Rush ...Traffic offenses, 3 to 7 years. If people want to go in, the money will still be lost. Unless the traffic police sentence. Sentencing grade): 1. Violation of traffic and transportation management regulations, resulting in a major accident, resulting in serious injury or death.

Your situation is vague, and it is recommended that you bring relevant information to the lawyer for an interview.

Zongheng Legal Network-Shaanxi Mingmeng Law Firm-Shen Haolin lawyer.

The compensation should be analyzed on a case-by-case basis, and it is recommended that it be more appropriate to bring information to the lawyer for an interview. As for the way you coordinate your compensation, you can hire a lawyer to provide legal help.

Zongheng Legal Network-Shaanxi Changyang Law Firm-Zhang Zhanjie lawyer.

Due to the lack of clarity, it is advisable to interview with a lawyer.

Zongheng Legal Network-Shaanxi Diwu Law Firm-Lawyer Wang Jun.

Legal analysis: If the driver is fully responsible, the driver who caused the accident constitutes a traffic accident in accordance with the law, and can be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and the reputation becomes a crime, 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.

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 and 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.

Drunk driving causing death is generally a full liability (civil liability) and also constitutes a traffic accident. If there is no escape after the fact, and the death of a person is not caused by the escape, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

1. What are the auspicious praises for drunk driving penalties?

Drunk driving penalties include:

1. Where drunk driving has not caused serious consequences, it constitutes the crime of dangerous driving, and is sentenced to short-term detention and a fine; It is also necessary to be restrained by the transportation department until he sobers up, revoke the motor vehicle driver's license, and ban driving for five years;

2. Where a major accident occurs while drunk driving causes serious consequences, it constitutes the crime of causing a traffic accident, and is generally sentenced to up to 3 years of fixed-term or short-term detention; where there is an escape after causing a hit, and the circumstances are especially heinous, a sentence of 3-7 years imprisonment is to be given; Escape resulting in death is punishable by imprisonment for not less than 7 years.

2. Is it fully responsible for escaping from a traffic accident without a driver's license?

Escape from a traffic accident without a driver's license is fully responsible. Penalties for driving without a license: a fine of not less than 200 yuan but not more than 2,000 yuan, and detention for up to 15 days may be imposed concurrently.

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where death is caused by escape, is to be sentenced to fixed-term imprisonment of not less than seven years.

3. How to punish death by causing an accident.

Where a traffic accident causes death, it constitutes the crime of causing a traffic accident and is punishable by short-term detention or fixed-term imprisonment of not more than three years. If there is an act of fleeing after a traffic accident, or if there are other more aggravating circumstances, the penalty shall be imprisonment for a term of not less than three years but not more than seven years. Whoever causes death in the case of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133 of the Criminal Law, 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 is to be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: According to the relevant provisions of China's criminal law, if the perpetrator violates the traffic and transportation management regulations, drives a motor vehicle while drunk, and then causes a major accident, resulting in the death of others, and bears all or the main responsibility for the accident, it constitutes traffic. The crime of causing an accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and where there are escape or other particularly heinous circumstances, the sentence shall be between three and seven years imprisonment, and where there is death by escape, a sentence of not less than seven years imprisonment shall be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 133 Whoever violates the laws and regulations on the administration of transportation, thereby causing a major accident that causes 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 and escapes after causing a transportation accident or there are other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

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. Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to an elderly family member 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.

Sentencing standards for drunk driving causing death: 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.

Whoever violates traffic and transportation management regulations, thereby causing serious injuries or deaths, 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.

Driving while intoxicated causing death constitutes the crime of causing a traffic accident and shall bear criminal responsibility.

Legal basis

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations 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.

According to the new Eighth Amendment to the Criminal Law, driving while intoxicated causing death is already an aggravating circumstance of the crime of dangerous driving, that is, a traffic accident.

The crime of causing a traffic accident is to cause an accident and bear the main responsibility in the accident, and in addition to causing major property damage or serious injury or death of a person. sentenced to up to 3 years imprisonment or short-term detention;

Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years.

The perpetrator is required to compensate the funeral expenses and death compensation of the deceased, for the 15-year-old daughter to be responsible for the maintenance of the deceased until the age of 18, and for the elderly parents and father-in-law, they are required to pay alimony until they know of the death.

You can take the initiative to contact the driver and his family to discuss compensation. If the other party refuses, you can request the traffic police to mediate or sue him in court according to the "Traffic Accident Liability Determination" issued by the traffic police department, and request the court to support it.

If you are suspected of constituting a traffic accident and need help, you can be interviewed.

Zongheng Legal Network-Heilongjiang Dingyu Law Firm-Zhang Rendong lawyer.

The standard of traffic accident compensation varies from place to place, and it is about 300,000 yuan. This is the official standard, and it can also be negotiated with the driver to see what compensation he can afford. If you don't know anything about traffic, you can find a traffic accident handling help in your local area.

How is the sentence sentent? It depends on the facts of the case and is a matter for the court. How is it compensated? It depends on the dependency and your own requirements.

Driving while intoxicated and causing the death of one or more persons or the serious injury of three or more persons is a traffic accident. If the other party does not commit a traffic hit-and-run, the statutory penalty is not less than 3 years but not more than 7 years. Regardless of whether the other party pays compensation or not, they will be sentenced to prison terms.

Of course, the family of the deceased and the party responsible for the accident can also settle privately and negotiate the amount of compensation. The family of the deceased may take the initiative to contact them, or they may request contact through the administrative organs.

Sentencing for the crime of causing traffic accidents under the influence of alcohol: 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;

Criminal and civil liability.

Zongheng Legal Network-Shanghai Kaiman Law Firm-Ren Baoqiang lawyer.

It depends on the driving route, the road conditions, and how the accident happened. It's hard to say what you're saying so simply.