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In the case of a traffic hit-and-run, if there is no serious injury or death in the accident, the fleeing driver shall bear the main responsibility for the accident, but it does not constitute the crime of traffic accident. The penalty for the perpetrator is a fine of not less than 200 yuan but not more than 2,000 yuan, and a detention of not more than 15 days, and at the same time 12 points will be deducted from his motor vehicle driver's license.
Legal analysisFleeing after a traffic accident: 1. Drunk driving, evading alcohol testing, and being dealt with afterwards. 2. Flee after reporting the crime.
3. Staying incognito at the scene and not admitting that he is the driver of the accident vehicle. 4. Impostor. 5. The driver of the accident vehicle thinks that the accident has nothing to do with him and drives away from the scene.
6. Escort the injured to the hospital in the process of driving (abandoning) the car to escape. Traffic accident escape is handled differently in different circumstances, among which for the crime of not constituting a traffic accident, administrative punishment is generally imposed, but if the crime of traffic accident is constituted, for the act of crashing and escaping, the driving ban shall be imposed for life and the relevant criminal responsibility shall be pursued, in judicial practice, if the injured person is not treated in time because of the escape, resulting in the death of the injured, it can be made in accordance with the crime of intentional injury, and the specific sentencing and judgment shall be determined in light of the actual situation.
Legal basisRoad Traffic Safety Law of the People's Republic of China Article 101 If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, constituting 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. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
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Legal analysis: If a traffic accident escapes, 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 may be detained for 15 days; if a crime is constituted, the sentence shall be 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. Legal basis
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.
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The act of escaping after causing a traffic accident shall be dealt with as follows according to different circumstances:
1. For those who flee after causing a traffic accident and it does not constitute a crime, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained for up to 15 yuan;
2. If a major traffic accident occurs, constituting a crime and there is no escape, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law;
3. In the event of a major traffic accident, which constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life, except for the criminal responsibility of the person who has been investigated in accordance with the law.
The three elements for the determination of traffic hit-and-run are as follows: refers to a sedan car.
1. The motive of the perpetrator to flee after the traffic accident was to evade the rescue obligation and evade responsibility;
2. The perpetrator's act of fleeing and shouting after a traffic accident must comply with the circumstances prescribed by law, that is, the previous act violated the traffic and transportation management regulations;
3. The spatial element of the hit-and-run behavior after a traffic accident, that is, the behavior is not limited to fleeing the accident scene.
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Summary. Hello <>
I am glad to answer for you: the handling of escape after a crash is as follows: (1) If the fleeing driver is primarily responsible for the accident, but does not constitute the crime of causing a traffic accident, the penalty for the perpetrator shall be between 200 yuan and 2,000 yuan, and he shall be detained for up to 15 days, and 12 points will be deducted from his motor vehicle driver's license; (2) Anyone who causes serious injury or death or major loss of public or private property due to a major accident caused by violation of traffic and transportation management regulations shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; (3) Whoever flees after causing a traffic accident or other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be sentenced to fixed-term imprisonment of not less than seven years if the person causes death as a result of escape.
What to do about escaping after a crash
Hello <>
I am glad to answer for you: The handling of escape after a collision is as follows: (1) If the fleeing driver bears the main responsibility for the accident, but does not constitute the crime of causing a traffic accident, the penalty for the perpetrator is not less than 200 yuan but not more than 2,000 yuan, and he will be detained for up to 15 days, and 12 points will be deducted from his motor vehicle driver's license; (2) Anyone who causes serious injury or death or major loss of public or private property due to a major accident caused by violation of traffic and transportation management regulations shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; (3) A person who escapes after a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be sentenced to fixed-term imprisonment of not less than seven years if he causes the death of a person due to escape.
The driver hit and run and took the wrong path himself, and the appraisal result was that it was a minor injury.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China violates the provisions of road traffic safety laws and regulations, and a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain a motor vehicle driving license for life.
Article 102 The traffic management department of the public security organ shall order the professional transport unit that bears the main or full responsibility for the occurrence of two or more extraordinarily serious traffic accidents within six months, and the motor vehicle that fails to eliminate the potential safety hazard shall be prohibited from driving on the road.
Is it reasonable for the driver to say that he only pays 5,000 yuan?
There is bruising on the head.
The other party left the scene after the accident, right?
Yes. Then the amount of compensation can be increased.
The traffic police held him fully responsible.
It is the circumstances under which the traffic accident occurred.
Now it's up to you to determine the responsibility, and it's up to you to negotiate the compensation.
Broken ribs, bruises on the head, unable to move the waist, but the forensic appraisal said that it was a minor injury, and he was never hospitalized.
Are you the party?
This injury of 5,000 yuan is obviously not enough.
Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that if a party escapes after a traffic accident, the party who escaped shall bear full responsibility, but if there is evidence to prove that the other party is also at fault, the liability may be reduced. What is said here"Liability"It refers to civil liability, which is what we usually call liability for compensation. >>>More
What to do after a crash:
1. Accept and report the case. After receiving the report of the party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction. >>>More
The punishment for drunk driving is indeed on the light side, and drivers who drive while drunk and run away and cause death should be sentenced to death.
Regulations on Procedures for Handling Road Traffic Accidents >>>More
Crash: 1. Call 110 to call the police. Wait for the police to come to the scene to take pictures and judge responsibility; >>>More