For this question, the answer is as follows. According to Article 133 [Traffic Accident Crime] of the Criminal Law, the sentencing standard for traffic accident crimes: those who violate the traffic and transportation management laws and regulations, thus causing a major accident, causing serious injury, death or heavy losses to public and private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years. Whoever drives a motor vehicle to chase and race on the road, if the circumstances are flagrant, or drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and shall also be fined. Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment. The starting point and benchmark punishment for the sentencing range of not more than three years: (1) If one person died or three people were seriously injured, and they were fully responsible for the accident, the starting point for sentencing shall be determined within the range of six months to two years of fixed-term imprisonment in one year. For each additional person seriously injured, the prison term will be increased by six months; For each additional person with minor injury, the prison term will be increased by three months. If one person is killed or three people are seriously injured, and the person is mainly responsible for the accident, the starting point for sentencing shall be determined within the range of one year to six months. For each additional person seriously injured, the prison term will be increased by three to five months; For each additional person with minor injury, the prison term will be increased by two to three months. (2) If three people died and bear the same responsibility for the accident, the starting point for sentencing shall be determined within the range of six months to two years of fixed-term imprisonment. One year's imprisonment will be increased for each additional death; For each additional person seriously injured, the prison term will be increased by three months; For each additional person with minor injury, the prison term will be increased by one month. (3) If direct losses of public property or other people's property are caused, and the amount of compensation for incapacity reaches 300000 yuan, and if the person is fully responsible for the accident, the starting point for sentencing shall be determined within the range of one year to one year and six months of fixed-term imprisonment. One month's imprisonment will be increased for every 15000 yuan increase. If direct losses of public property or other people's property are caused, and the amount of compensation for incapacity reaches 300000 yuan, and if the person is mainly responsible for the accident, the starting point for sentencing shall be determined within the range of six months of criminal detention to one year of fixed-term imprisonment. One month's imprisonment will be increased for every 20000 yuan increase. (4) If a person is seriously injured, bears all the responsibility for the accident, and has one of the six situations specified in the second paragraph of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Caused by Traffic Accidents (hereinafter referred to as the Interpretation of Traffic Accidents), the starting point for sentencing shall be determined within the range of six months of criminal detention to one year and six months of fixed-term imprisonment. For each additional circumstance (excluding the sixth item "fleeing from the scene of the accident to avoid legal investigation"), the prison term of six months will be increased; For each additional person seriously injured, the prison term will be increased by six months to one year; For each additional person with minor injury, the prison term will be increased by two to three months. If one person is seriously injured, bears the main responsibility for the accident, and has one of the six situations specified in the second paragraph of Article 2 of the Interpretation of Traffic Accidents, the starting point for sentencing shall be determined within the range of three months of criminal detention to one year and three months of fixed-term imprisonment. For each additional circumstance (excluding Item 6 "Escaping from the scene of the accident to avoid legal investigation"), a prison term of three to six months will be added; For each additional person seriously injured, the prison term will be increased by three to six months; For each additional person with minor injury, the prison term will be increased by one to two months. (5) Other circumstances in which the amount of punishment is increased and the benchmark punishment is determined. The starting point and benchmark punishment of the range of sentencing from three years to seven years: (1) If one person died or three people were seriously injured, took full responsibility for the accident, and fled after the accident, the starting point for sentencing shall be determined within the range of four to five years of fixed-term imprisonment. One year's imprisonment will be increased for each additional person seriously injured; For each additional person with minor injury, the prison term will be increased by six months. If one person is killed or three people are seriously injured, the person who is mainly responsible for the accident and escapes after the accident, the starting point for sentencing shall be determined within the range of three to four years of fixed-term imprisonment. For each additional person seriously injured, the prison term will be increased by six to nine months; For each additional person with minor injury, the prison term will be increased by two to three months. (2) If three people die, bear the same responsibility for the accident, and escape after the accident, the starting point for sentencing shall be determined within the range of four to five years of fixed-term imprisonment. For each additional death, one year and six months' imprisonment will be added; For each additional person seriously injured, the prison term will be increased by six months. (3) If direct loss of public property or other people's property is caused, the amount of disability compensation reaches 300000 yuan, and if he is fully responsible for the accident and escapes after the accident, the starting point for sentencing shall be determined within the range of three years, six months to four years of fixed-term imprisonment. For every additional 5000 to 10000 yuan, one month's imprisonment will be added. If direct loss of public property or other people's property is caused, the amount of disability compensation reaches 300000 yuan, the person who is mainly responsible for the accident and escapes after the accident, the starting point for sentencing shall be determined within the range of three to three years and six months of fixed-term imprisonment. One month's imprisonment will be added for every 10000 to 20000 yuan increase. (4) If one person is seriously injured, bears all the responsibility for the accident, falls under one of the circumstances specified in Article 2, paragraph 2 (1) to (5) of the Interpretation of Traffic Accidents, and escapes after the accident, the starting point for sentencing shall be determined within the range of three to four years and six months of fixed-term imprisonment. For each additional circumstance, one year's term of imprisonment shall be added; One to two years' imprisonment will be increased for each additional person seriously injured; For each additional person with minor injury, the prison term will be increased by three to four months. If one person is seriously injured, is mainly responsible for the accident, has one of the circumstances in Item (1) to (5) of Paragraph 2 of Article 2 of the Interpretation of Traffic Accidents, and escapes after the accident, the starting point for sentencing shall be determined within the range of three years to three years and six months of fixed-term imprisonment. For each additional circumstance, a prison term of six to nine months shall be added; For each additional person seriously injured, the prison term will be increased by six months to one year; For each additional person with minor injury, the prison term will be increased by two to three months. (5) If two people are killed and bear all the responsibility for the accident, the starting point for sentencing shall be determined within the range of four to five years of fixed-term imprisonment. For each additional death, one year and six months' imprisonment will be added; For each additional person seriously injured, the prison term will be increased by six months; For each additional person with minor injury, the prison term will be increased by two months. If two people are killed and the main responsibility for the accident is borne, the starting point for sentencing shall be determined within the range of three to four years of fixed-term imprisonment. For each additional death, the prison term of one year to one year and three months shall be increased; For each additional person seriously injured, the prison term will be increased by three to five months; For each additional person with minor injury, the prison term will be increased by one to two months. (6) If five people are seriously injured and bear full responsibility for the accident, the starting point for sentencing shall be determined within the range of four to five years of fixed-term imprisonment. For each additional person seriously injured, the prison term will be increased by six months; For each additional person with minor injury, the prison term will be increased by two months. If five persons are seriously injured and are mainly responsible for the accident, the starting point for sentencing shall be determined within the range of three to four years of fixed-term imprisonment. For each additional person seriously injured, the prison term will be increased by three to five months; For each increase in the number of minor injuries, a prison term of one to two months will be added. (7) If six people died and bear the same responsibility for the accident, the starting point for sentencing shall be determined within the range of four to five years of fixed-term imprisonment. One year's imprisonment will be increased for each additional death; For each additional person seriously injured, the prison term will be increased by three months; For each additional minor injury, one month's imprisonment will be increased. (8) If it causes direct losses to public property or other people's property, bears full responsibility for the accident, and is unable to compensate 600000 yuan, the starting point for sentencing shall be determined within the range of three years, six months to four years of fixed-term imprisonment. For every increase of 20000 to 30000 yuan, one month's imprisonment will be added. (9) If a person meets one of the circumstances in (5) to (8) of this article, and also has the circumstances of escape, he/she shall be sentenced to an additional term of one to two years. (10) Other circumstances in which the amount of punishment is increased and the benchmark punishment is determined. 3、 The starting point and benchmark punishment for the sentencing range of more than seven years: if one person dies due to escape, the starting point for sentencing shall be determined within the range of eight to nine years of fixed-term imprisonment. For each additional death, the prison term will be increased by three to four years; In other cases where the amount of punishment is increased and the benchmark punishment is determined, the above provisions shall be referred to.
