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How to punish the drunk driver for crashing to death?

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How to punish the drunk driver for crashing to death?


        

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  • 2024-06-14 17:00:48

    How to punish the drunk driver for crashing to death? If the perpetrator is killed after driving while drinking, then in general, the specific sentencing range can be finally determined by combining his responsibility in the accident. Under normal circumstances, if they bear all or the main responsibility for the accident, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Article 133 of the Criminal Law 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. The fifth paragraph of Article 91 of the Road Traffic Safety Law stipulates that if a serious traffic accident occurs after drinking or driving a motor vehicle while intoxicated, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a new motor vehicle driving license for life.
    Penalties for drunk driving: Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily withheld for six months and be fined between 1000 yuan and 2000 yuan. If he is punished for driving a motor vehicle after drinking alcohol, and drives a motor vehicle after drinking again, he shall be detained for not more than 10 days, fined not less than 1000 yuan but not more than 2000 yuan, and his motor vehicle driving license shall be revoked. Whoever drives a motor vehicle while intoxicated shall be restrained by the traffic control department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driving license shall be obtained again within 5 years. Whoever drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5000 yuan, and his motor vehicle driving license shall be revoked. He shall not obtain a new motor vehicle driving license within five years. If a person drives a motor vehicle while drunk, the traffic control department of the public security organ shall restrain him until he wakes up, revoke his motor vehicle driving license, and investigate his criminal responsibility according to law; It is not allowed to obtain a new motor vehicle driving license within 10 years. After obtaining a new motor vehicle driving license, it is not allowed to drive operating motor vehicles. If a serious traffic accident occurs after drinking or driving a motor vehicle while intoxicated, the driver may not obtain a new motor vehicle driving license for life. I hope the above answers are helpful to you.

    No***

    2024-06-14 17:00:48

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