Article 133 of the "Criminal Law of the People's Republic of China" stipulates:
Violating traffic management regulations, causing a major accident, causing serious injury or death, 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 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 seven years.
Article 72 of the "Criminal Law of the People's Republic of China"? Criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years and meet the following conditions may be sentenced to probation. People under the age of 18, pregnant women, and people over the age of 75 may be suspended:
< p>(1) The circumstances of the crime are relatively minor;?(2) Those who show repentance;?
(3) There is no risk of committing another crime;?
(4) Declare that probation will have no major adverse impact on the community where he or she lives. A suspended sentence can be announced based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period. If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.
Article 91 of the "Road Traffic Safety Law of the People's Republic of China" stipulates:
Whoever causes a serious traffic accident while driving a motor vehicle after drinking alcohol or drunkenness, which constitutes a crime, shall be investigated for criminal liability in accordance with the law. , the motor vehicle driving license will be revoked by the traffic management department of the public security organ, and the driver will not be able to obtain a new motor vehicle driving license for life.
Extended data:
The court found out after trial: At about 7:40 a.m. on July 7, 2014, the defendant Yang rode a two-wheeled bicycle along De'an County Turn left on Shiqiao Road, Puting Town, and enter Yongxing Road. Due to excessive speed and improper operation, he knocked down a pedestrian named Du who was crossing the road in front of him, causing him to fall to the ground. Rescue efforts by the De'an County People's Hospital failed and he died that night.
The traffic police brigade of the De'an County Public Security Bureau determined that the defendant Yang was mainly responsible for the accident. After the accident, the defendant Yang asked passers-by to call the police in time (the victim's son Li also called the police at the same time) and sent the victim to the hospital for treatment. He was later summoned by the public security organ.
After the incident, the defendant reached a people's mediation agreement with the victim Du's family, compensating the deceased's family RMB 430,000 in installments, and obtained the understanding of the deceased's family.
After trial, the court held that the defendant Yang violated the Road Traffic Management Law, caused a major traffic accident, resulting in the death of one person, and was primarily responsible for the accident. His behavior constituted the crime of traffic accident. The facts of the crime charged by the public prosecution and the conviction.
After the traffic accident, the defendant Yang promptly sent the victim to the hospital for treatment and waited for the police at the hospital. After being summoned to the case, he truthfully confessed his criminal facts and met the conditions for surrender. The public prosecution agency determined that the defendant had surrendered.
Defendant Yang actively compensated the victim’s family for their financial losses after the incident, and gained their understanding. Based on the defendant’s criminal circumstances, repentance and the social investigation and evaluation opinions issued by his community, the defendant Yang Can was given a lighter punishment in accordance with the law and may be subject to probation.
Reference materials:
People's Daily Online - Killed someone by riding a bicycle? Sentenced for committing a traffic accident.