Driving without a license within the meaning of criminal law

Driving without a license is not a criminal offense, and the specific analysis is as follows:

1. Driving without a license is an administrative punishment case, not a criminal case. Generally, the traffic management department of the public security organ shall impose a fine ranging from more than RMB 200 to less than RMB 2,000 on the relevant personnel, and may also impose a penalty of 15 days of detention on the relevant personnel;

2. Where a party drives a motor vehicle without obtaining a motor vehicle driver's license, or when the motor vehicle driver's license is revoked, or during the period when the motor vehicle driver's license is suspended, a fine of not less than 200 yuan or not more than 2,000 yuan for a group car may be detained for up to 15 days;

3. Where a major accident occurs as a result of driving without a license, causing serious injury or death to a person or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

Legal basisArticle 99 of the Road Traffic Safety Law of the People's Republic of China.

If there is any of the following acts, the traffic management department of the public security organ shall impose a fine of more than 200 yuan or less than 2,000 yuan:

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) Handing 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vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is 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 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.

Legal Analysis: Belongs. The Criminal Law of the People's Republic of China stipulates that anyone 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 criminal 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.

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.

Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances shall 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 rushes control of the driving control device, interfering with the normal operation of the public transport and endangering 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 leave their posts without authorization, beat up or assault others on the public transportation they are driving, 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.

Driving without a license is not a criminal offense, and driving without a license is an administrative punishment case, not a criminal case. Generally, the traffic management department of the public security organ shall impose a fine ranging from more than RMB 200 to less than RMB 2,000 on the relevant personnel, and may also impose a penalty of 15 days of detention on the relevant personnel;

Legal analysisAccording to the relevant laws and regulations of the People's Republic of China, driving without a license does not constitute a criminal offense in China's road traffic. For those who have not obtained a motor vehicle driver's license in accordance with the laws of our country, the motor vehicle driver's license has been revoked, or the driver has been temporarily detained by the relevant departments to drive the motor vehicle, or the motor vehicle has been handed over to those who have not obtained a motor vehicle driver's license in accordance with the law or the motor vehicle driver's license has been revoked or temporarily detained by the relevant departments to drive, then according to the relevant situation in ChinaLaws and RegulationsThe traffic management department of the public security organ can impose a fine of between 200 yuan and 2,000 yuan on the relevant personnel, and can also impose a penalty of 15 days of detention on the relevant personnel. This behavior of driving without a license in road traffic is extremely dangerous, and when driving without a license, it is very likely that an accident will occur, resulting in irreparable traffic accidents, and even threatening people's lives and property losses in serious cases.

Legal basisRoad Traffic Safety Law of the People's Republic of China 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 a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended;(2) Handing 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;3) Fleeing after causing a traffic accident that does not constitute a crime; 4) The motor vehicle is driving more than 50% of the speed limit; (5) Forcing the driver of a motor vehicle to drive a motor vehicle in violation of road traffic safety laws, regulations, and 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 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 driver's license of the Jishen Mengyuan EMU 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.

Legal analysis: It is an illegal act and does not constitute a crime, but if a traffic accident occurs while driving without a license, it may constitute a traffic accident. Legal basis

Article 99 Whoever drives a motor vehicle without obtaining a motor vehicle driver's license, has its motor vehicle driver's license revoked, or whose motor vehicle driver's license has been suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days.

Legal Analysis: Driving without a license is not a criminal offense, and driving without a license is an administrative punishment case, not a criminal case. Generally, the traffic management department of the public security organ shall impose a fine ranging from more than 200 yuan to less than 2,000 yuan on the relevant personnel, and may also impose a penalty of 15 days of detention on the relevant personnel.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" 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 a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; (2) Handing 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;3) Fleeing after causing a traffic accident that does not constitute a crime; 4) The motor vehicle is 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 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.

Driving without a license is generally an administrative offense and is not considered a crime, but a major accident caused by driving without a license, causing serious injury or death, or causing serious damage to public or private property, is a crime and is generally punishable by fixed-term imprisonment of not more than three years or criminal detention.

Legal basisArticle 133 of the Criminal Law is the crime of causing a traffic accident.

Whoever violates traffic and transportation management regulations, thereby 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 especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes the death of a person in the bridge nucleus as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.