The crime of causing traffic accidents refers to the act of violating the traffic and transportation management regulations, resulting in serious traffic accidents, causing serious injuries, deaths or heavy losses of public and private property.
The subjective aspect of traffic accident crime is negligence, including negligence and overconfidence. This kind of negligence refers to the possible consequences of the perpetrator's own violations. The perpetrator may have knowingly violated the rules and regulations, such as drunk driving, overloading, speeding, etc., but the consequences of his own behavior should have been foreseen but could not have been foreseen due to negligence, or although he had met them, he believed that they could have been avoided, resulting in serious consequences.
Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to a 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: Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to a 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.
