What is the sentencing standard of traffic accident crime

I Sentencing standard of traffic accident crime What is it?

According to the People's Republic of China criminal law 》Article 133【 Traffic accident crime 】Violation of traffic and transportation management statute In case of a serious accident resulting in serious injury, death or heavy loss of public or private property, the penalty shall be less than three years fixed-term imprisonment perhaps 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.

According to the Supreme People's Court Traffic accident Article 1 of the Interpretation of Several Issues Concerning the Specific Application of Law in Criminal Cases stipulates that the violation of traffic and transportation management regulations by traffic and transportation personnel or non traffic and transportation personnel occurs Major traffic accidents On the basis of distinguishing the responsibility for the accident, those who constitute a crime shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.

Article 2 stipulates that anyone who commits a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

（1） One person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

（2） More than three people died, and they are equally responsible for the accident;

（3） Causing direct losses to public property or other people's property, bearing all or the main responsibility for the accident, and being unable to make compensation of more than 300000 yuan.

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.

According to Article 133 of the Criminal Law, those who commit the crime of causing traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes from a traffic accident or has 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 7 years.

The above other especially serious circumstances refer to any of the following circumstances:

(1) More than 2 people died or more than 5 people were seriously injured, and they bear all or the main responsibility for the accident;

(2) More than 6 people died and bear the same responsibility for the accident;

(3) Causing direct loss of public property or other people's property, bearing all or the main responsibility for the accident, and being unable to compensate more than 600000 yuan.

If the perpetrator is suspected of the traffic accident crime, the judge will choose the sentencing range according to the circumstances of the crime, that is, the losses caused and whether there are bad circumstances, so as to sentence. If there are no other serious circumstances in the traffic accident, the minimum sentence can be criminal detention. However, if he escapes after a traffic accident and causes death due to escape, he can be sentenced to a maximum of 15 years' imprisonment.