Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to solve the problem of driver's death caused by traffic accident

home page

How to solve the problem of driver's death caused by traffic accident


        

Submit answer
Favorable reply
  • 2024-07-02 20:00:55

    Driving without a license should be fully responsible. In one of the following cases, as stipulated in 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), the starting point for sentencing and the benchmark punishment should be determined according to law within three years of fixed-term imprisonment:
    (1) If one person is killed or three people are seriously injured, and all or the main responsibility for the accident is borne, the starting point for sentencing is one to two years of fixed-term imprisonment.
    (2) If four people are seriously injured and bear all or the main responsibility for the accident, the starting point for sentencing shall be fixed-term imprisonment of six months to two years and six months.
    (3) The starting point for sentencing three persons who died and bear all or the main responsibility for the accident is one to two years of fixed-term imprisonment. For each increase in the number of deaths, the benchmark punishment can be increased by three to six months.
    (4) If it causes direct losses to public property or other people's property, bears the main or full responsibility for the accident, and is unable to make compensation of 300000 yuan (each region can determine the starting amount standard of its own region within the range of 300000 yuan to 600000 yuan), the starting point for sentencing is six months to one year of fixed-term imprisonment. If the amount of compensation for incompetence increases, the amount of punishment may be increased appropriately to determine the benchmark punishment.
    (5) If a person is seriously injured, bears all or the main responsibility for the accident, and has one of the circumstances specified in Items (1) to (6) of Paragraph 2 of Article 2 of the Interpretation, the starting point for sentencing is six months to one year of fixed-term imprisonment. For each additional circumstance specified in Items (1) to (5) of Paragraph 2 of Article 2 of the Interpretation, three months of imprisonment can be added. For each additional person with serious injuries, six months of imprisonment can be added to determine the benchmark punishment. Under one of the following circumstances as stipulated in the Interpretation, the benchmark punishment of the starting point for sentencing shall be determined in a fixed-term imprisonment of not less than three years but not more than seven years according to law: (1) One person died or three people were seriously injured in a traffic accident, who were fully or mainly responsible for the accident, and three people who escaped or died were equally responsible for the accident, Those who escape again or cause direct losses to public property or other people's property, bear the main or full responsibility for the accident, and are unable to make compensation of 300000 yuan; those who escape again or cause serious injury to one person, bear the full or main responsibility for the accident, and escape again under one of the circumstances specified in Items (1) to (5) of Article 2 of the Interpretation, The starting point for sentencing is three to four years' imprisonment. (2) If two persons died and bear all or the main responsibility for the accident, the starting point for sentencing shall be three to four years of fixed-term imprisonment. For every increase in the number of deaths, six months can be added to determine the benchmark punishment. (3) If five people are seriously injured and bear all or the main responsibility for the accident, the starting point for sentencing is three to four years of fixed-term imprisonment. For each increase in the number of seriously injured, three months' imprisonment can be increased. (4) If six people died and bear the same responsibility for the accident, the starting point for sentencing is three to four years of fixed-term imprisonment. For each increase in the number of deaths, three months' imprisonment can be added to determine the benchmark punishment. (5) If it causes direct losses to public property or other people's property, bears all or the main responsibility for the accident, and is unable to make compensation of 600000 yuan (each region can determine the starting amount standard of its own region within the range of 600000 yuan to 1 million yuan), the starting point for sentencing is three to four years of fixed-term imprisonment. If the amount of compensation is unable to increase, the amount of punishment may be appropriately increased to determine the benchmark punishment.
    (6) In case of any one of the above (2) to (5) cases and the circumstances of escape, one year's term of imprisonment may be added to determine the benchmark punishment.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):