How to judge whether a drunk driver hit someone and then ran away

Anyone who causes an accident while driving while drunk and then escapes, and who is fully or mainly responsible for the accident shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years; if the driver escapes and causes death, he shall be sentenced to a fixed-term imprisonment of not less than seven years. If a person dies after a traffic accident and is fully or mainly responsible for the accident, it may be committed as a traffic accident crime.

1. How can drunk driving cause death?

Whoever drives while drunk and causes serious injury or death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The major accident mentioned here refers to one of the following situations: 1. One person dies or three or more people are seriously injured, and they bear all or major responsibility for the accident. 2. An accident in which more than three persons are equally responsible for the death. 3. Causing direct losses to public property or other people's property, bearing full or major responsibility for the accident, and being unable to compensate for an amount exceeding RMB 300,000. According to the provisions of Paragraph 2 of Article 2 of the Judicial Interpretation, if a traffic accident causes serious injuries to more than one person, if the person is fully or mainly responsible for the accident, and falls under any of the following circumstances, he shall be convicted and punished for the crime of causing a traffic accident. (1) Anyone who drives a motor vehicle after drinking or taking drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. (2) Anyone who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. (3) Anyone who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. So drunk driving has serious consequences. The sentencing is generally heavier than that of ordinary traffic accidents. I hope everyone will not drink and drive, drink or drive.

2. What is the sentence for a drunk driver who kills four people?

Sentencing for drunk driving causing the death of four people: Those who constitute a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; those who escape after the hit and run shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; those who escape and cause death , shall be sentenced to fixed-term imprisonment of not less than seven years. If four people are killed and four people are killed, and the person bears all or major responsibility for the accident, it can be considered a crime of traffic accident.

Third, how to sentence the crime of traffic accident.

Whoever constitutes the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if his escape causes death, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. shall be sentenced to fixed-term imprisonment of not less than seven years.

If one of the following circumstances occurs, it belongs to "other particularly serious circumstances":

(1) Causes the death of more than two people or serious injuries to more than five people, and is fully or mainly responsible for the accident Responsible;

(2) An accident that kills six or more people and bears equal responsibility;

(3) Causing direct losses to public property or other people’s property, bearing all or major responsibility for the accident, Unable to pay more than 600,000 yuan in compensation.

I hope the above content can help you. If you have any other questions, please consult a professional attorney.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic management regulations and causes a major accident, resulting in serious injury or death, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever escapes after a traffic accident or has other particularly serious circumstances shall be punished. Those who escape and cause death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents".

Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) One person dies or three or more people are seriously injured, and the person is fully or mainly responsible for the accident Responsible;

(2) An accident in which three or more people die and bear equal responsibility;

(3) Cause direct loss to public property or other people’s property, and bear all or major responsibility for the accident, The amount exceeds 300,000 yuan and the person is unable to compensate.