Article 133 Whoever, in violation of traffic regulations, has a major accident, causing serious injury or death to others 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; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Second, judicial interpretation.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Article 3 "Escaping after a traffic accident" refers to the behavior of the actor who escapes from legal investigation after a traffic accident under any of the circumstances specified in Items 1 and 2 (1) to (5) of Article 2 of this Interpretation.
Article 4 If a traffic accident occurs in any of the following circumstances, it shall be deemed as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan.
Article 5 "Death caused by escape" refers to the situation that after a traffic accident, the perpetrator fled in order to avoid legal investigation, resulting in the victim's death due to lack of assistance.
After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instigates the perpetrator to escape, resulting in the victim's death due to lack of assistance, it shall be punished as the * * * offender of the traffic accident crime.
Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.
Article 7 If the person in charge of a unit, the owner of a motor vehicle or the motor vehicle contractor instigates or forces others to drive illegally, thus causing a major traffic accident, he shall be convicted and punished for the crime of causing traffic accidents under one of the circumstances specified in Article 2 of this Interpretation.
Article 8 A major traffic accident within the scope of public traffic management shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this Interpretation.
Whoever drives a motor vehicle or uses other means of transportation outside the scope of public transportation management to cause casualties or heavy losses to public property or other people's property, which constitutes a crime, shall be convicted and punished in accordance with the provisions of Articles 134, 135 and 233 of the Criminal Law respectively.
Article 9 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, determine the threshold amount standards for implementing Item (3) of Paragraph 1 of Article 2 and Item (3) of Article 4 of this Interpretation within the range of 300,000 yuan to 600,000 yuan and 600,000 yuan to/kloc-0,000 yuan, and report them to the Supreme People's Court for the record.
Third, sentencing standards.
If the crime of causing traffic accidents is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If it causes serious injury, death or heavy losses to public or private property, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention.
(2) For those who escape after a traffic accident or have other particularly bad circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than five years.
(3) If death is caused by escape, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than seven years but not more than ten years.
2. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the accident responsibility, the number of people causing serious injuries or deaths or the amount of property losses, as well as other criminal facts that affect the composition of crimes such as escape.
Fourth, the case of confession and punishment.
20 17 10 12 The People's Court of Ganjingzi District, Dalian City, Liaoning Province held a hearing to hear the case of the defendant Zhong, who was suspected of causing traffic accidents, and pronounced a sentence in court. The defendant Zhong was sentenced to 7 months in prison, suspended 1 year. After the verdict was pronounced, the defendant said that he would not appeal. It is reported that this ordinary criminal case is the first case in Liaoning to apply the system of pleading guilty and admitting punishment.
Dalian Ganjingzi District People's Court
criminal judgement
(20 17) Liao 02 1 1 early punishment 15
Public Prosecution Organ of People's Procuratorate of Ganjingzi District, Dalian.
Defendant Zhong, female. He was released on bail on 201610/month 1 1.
Defender Tian Dandan is a lawyer of Liaoning Liuweili Law Firm.
The public prosecution agency charged the defendant Zhong with the crime of traffic accident with the indictment of Jiangxi Public Prosecution No.888 [20 16]. Our court applied the procedure of quick adjudication of criminal cases and tried the case publicly.
The public prosecution agency alleged that on March 29th, 20 16 17, the defendant Zhongmou collided with the victim Zhao Moumou who was walking in the same direction in front of the car due to improper operation, and then collided with the victim Guang Mou who directed him to park in front of the car. After that, the vehicle continued to drive forward and collided with small cars parked on the roadside in Liaoning Bxxxxx, Liaoning Bxxxxx, Liaoning Bxxxxx, Liaoning Bxxxxx, Liaoning Bxxxxx and Liaoning BXXXXXX. The accident caused Zhao to die after being rescued, and the above vehicles were damaged to varying degrees. After the accident liability was determined, Zhong was fully responsible for the accident, while Zhao Moumou, Guang Mou, Wu Moumou, Wang Moumou, Hu Moumou, Gao Moumou and Yao Mou were not responsible.
After the accident, Zhong waited at the scene. 20 16 10 10 was summoned to the case by the public security organ and truthfully confessed the facts of the case. On June 2, 20 16, Zhongmou reached an agreement with the victim Zhao's family to compensate him for RMB680,000 and reached an understanding. The victim Guangmou issued a written letter of understanding to express his understanding of Zhong's behavior. After the incident, Zhong had paid all the repair costs, and the owners of the above vehicles all said that they would not pursue Zhong's responsibility.
The public prosecution agency believes that the defendant Zhongmou voluntarily pleaded guilty and repented, which has the statutory lighter or mitigated punishment circumstances of surrender and the discretionary lighter punishment circumstances of compensation for economic losses and understanding. It is recommended that the defendant Zhong be sentenced to seven months in prison and suspended for one year.
Both the defendant Zhong and his defenders agreed to apply the expedited procedure to hear the case, and they had no objection to the facts, charges and sentencing suggestions of the charges, and signed a statement, and there was no objection during the trial.
We believe that the fact that the public prosecution agency accused the defendant Zhong of committing the crime of causing traffic accidents is clear, the evidence is true and sufficient, the charges are established, and the sentencing suggestions are appropriate and should be adopted. According to the provisions of Article 133, Paragraph 1 of Article 67, Paragraph 1 of Article 72 and Article 73 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
The defendant Zhongmou committed the crime of traffic accident and was sentenced to seven months in prison and suspended for one year.
(The probation period of probation shall be counted from the date when the judgment is determined. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Dalian City, Liaoning Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Judge Lu Yuzhen
19 17 February 12
Staff Chen Yingxue