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How will the court decide on the death caused by escaping from a traffic accident

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How will the court decide on the death caused by escaping from a traffic accident


        

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  • 2024-06-06 02:00:01

    First of all, escape after a traffic accident refers to the behavior of the actor who runs away to avoid legal investigation after a traffic accident if he has one of the following circumstances.

    First, more than one person is seriously injured in a traffic accident, and bears all or the main responsibility for the accident, and has:

    (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;

    Second, one person died or more than three people were seriously injured, and they bear all or the main responsibility for the accident;

    Secondly, "death due to escape" refers to the situation where the perpetrator escapes after a traffic accident to avoid legal investigation, resulting in the death of the victim due to lack of assistance.

    Finally, anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to another person or causing heavy losses to public or 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.

    [Legal Basis]

    Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to another person or causing heavy losses to public or 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.

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