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How to Sentence in Traffic Accident Escape Case

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Source: Legal Chart Compilation · 2024.02.29 · 5308 people have seen it
Guide: If the case of hit and run is suspected of traffic accident crime, the perpetrator can be sentenced to imprisonment of less than three years; If the escape behavior causes serious injury to the victim, the driver involved in the accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the act causes the death of the victim, the driver shall be sentenced to more than seven years of fixed-term imprisonment.
How to Sentence in Traffic Accident Escape Case

I Hit and run How to sentence the case

Escape from traffic accident shall be determined according to the circumstances. namely:

1. Those who escape from a traffic accident shall be sentenced to less than three years fixed-term imprisonment perhaps criminal detention 。

2. Whoever escapes from a traffic accident or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

3. If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

4. It clearly stipulates that some hit and run behaviors should be Intentional homicide 、 Crime of intentional injury Or by other means Crime of endangering public security Treatment.

(1) Traffic accident Causing serious injury, knowing that the injured person will inevitably die if not rescued in time, the perpetrator evades legal responsibility, ignores the injured person and escapes from the scene of the accident, resulting in the death of the injured person without treatment.

(2) If a traffic accident hits and injures another person, the perpetrator of the accident abandons the injured person to another place in the name of curing the injured person, resulting in the death of the injured person or not dying for reasons other than the will of the perpetrator, the perpetrator of the accident shall be punished as intentional homicide (accomplished or attempted).

(3) After a traffic accident, the perpetrator evades legal responsibility, escapes from the scene of the accident, and violates the traffic in the process of escape statute (Often driving in a panic speeding Driving), occurs again traffic accident , causing serious injury, death or heavy loss of public or private property.

2、 Do you need compensation for hit and run

Compensation is required. If it is less than minor injury, it does not constitute Traffic accident crime , just civil compensation and administrative sanction 。

According to the road Traffic accident handling regulations, liabilities for traffic accident The party concerned shall bear the corresponding liability for damages in accordance with its liability for traffic accidents. In addition, the injury identification shall be applied for in the medical institution. In addition, the treatment certificate issued by the hospital is the basis for the compensation of the other party.

The scope of damages includes: Medical expenses . Lost time expenses, hospital board allowance Nursing expenses , transportation costs, accommodation costs and direct property losses. The causes of disability are Disability compensation , disability appliance fees and mental consolation payments, death compensation fees raise Each compensation item shall be determined according to the actual situation, and the cost shall be settled in a lump sum.

Go to the public security organ in time after hit and run surrender oneself If the victim's understanding is obtained and a letter of understanding is issued, a lighter or mitigated punishment is required. If the victim's understanding is not obtained, a punishment shall be imposed according to the crime of causing traffic accidents; If a motor vehicle escapes after an accident, the traffic management department shall Filing a case Investigation: go to the scene for investigation, and ask the victims of the accident and witness And hunt down the driver who caused the accident.

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