Is traffic accident behavior equal to traffic accident crime?
Lawyer's analysis:
Traffic accident Behavior does not equal Traffic accident crime Only when the consequences of serious injury and death are caused can a crime be constituted. If a traffic accident causes more than one person to be seriously injured, bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished as a traffic accident crime: 1. Driving a motor vehicle after drinking or taking drugs; 2. Driving motor vehicles without driving qualification.
Legal basis:
Article 2 of the Interpretation of the Supreme People's Court on Some Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents
If a traffic accident causes more than one person to be seriously injured, bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished as a traffic accident crime:
（1） Driving a motor vehicle after drinking or taking drugs;
（2） Driving motor vehicles without driving qualification;
（3） Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism fails;
（4） Knowingly driving a motor vehicle without a license plate or which has been scrapped;
（5） Serious overload driving;
（6） Escaping from the scene of the accident in order to avoid legal investigation.
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