Article 99 of the Road Traffic Safety Law commits one of the following acts, and the traffic administrative department of the public security organ shall impose a fine of more than 2,000 yuan on 200 yuan:
(a) driving a motor vehicle without obtaining a motor vehicle driving license, and the motor vehicle driving license is revoked or temporarily detained;
(two) the motor vehicle is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld;
(3) causing escape after a traffic accident, which does not constitute a crime;
(four) the speed of motor vehicles exceeds 50%;
(5) Forcing a motor vehicle driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety and the requirements for safe driving of motor vehicles, thus causing a traffic accident, which does not constitute a crime;
(six) in violation of traffic control regulations, forced passage, do not listen to dissuasion;
(7) intentionally damaging, moving or altering traffic facilities, causing harmful consequences, which does not constitute a crime;
(eight) illegal interception and detention of motor vehicles, do not listen to dissuasion, resulting in serious traffic jams or large property losses.
The motor vehicle driver's license may also be revoked if the actor is under any of the circumstances mentioned in Items (2) and (4) of the preceding paragraph; Under any of the circumstances listed in Item 1, Item 3, Item 5 to Item 8, you may be detained for 15 days. 2. Hit-and-run that constitutes a crime:
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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.
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 stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(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;
It belongs to hit-and-run traffic. Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents stipulates that the crime of traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: if one person is killed or seriously injured by more than three people, he shall bear all or the main responsibility for the accident;
Three or more people died and were equally responsible for the accident; Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan.
Refer to Baidu Encyclopedia entry for hit-and-run
Whether the vehicles of both sides scrape and one side leaves is the qualitative standard of traffic hit-and-run cases. Eight situations will be identified as hit-and-run cases, such as the parties to the accident leaving the scene because they think they have no responsibility, failing to fulfill the obligation of waiting for treatment at the scene after reporting the case, and abandoning the car and returning after leaving the scene of the accident.
1. Knowing that a traffic accident occurred, the parties involved in the traffic accident fled the scene of the accident by driving or abandoning their cars;
2. The parties to a traffic accident think that they are not responsible for the accident and drive away from the scene of the accident;
3. The parties involved in a traffic accident are suspected of drunk driving and driving without a license, fail to perform the obligation of waiting on the spot after reporting the case, and abandon the car and return after leaving the scene of the accident;
4. Although the parties to the traffic accident sent the injured to the hospital, they did not report the case and left the hospital for no reason;
5. Although the parties to the traffic accident sent the injured to the hospital, they left the hospital after leaving a false name, address and contact information for the injured or their families;
6. The parties to a traffic accident escape during the investigation;
7. The parties to a traffic accident leave the scene and do not admit that there has been a traffic accident, but there is evidence to prove that they should know that there has been a traffic accident;
8. The compensation fee that cannot be paid through negotiation or negotiation is obviously insufficient. The parties to the traffic accident left no real information, and there is evidence to prove that they left the scene by force.
3. What does not constitute a hit and run?
Six situations do not constitute a hit-and-run:
In addition to what circumstances can be identified as hit-and-run, the traffic control department has also stipulated which behaviors do not constitute hit-and-run:
1, the parties to a traffic accident have no dispute over the facts of the accident, and they leave the scene to negotiate and solve it by themselves. After reaching an agreement and leaving their real names and contact information, one party reneges on reporting the case;
2. In order to rescue the injured in the accident in time, the parties to the traffic accident fled the scene by car after indicating the position of the vehicle and the injured and reporting the case in time;
3. After the injured person is sent to the hospital, the parties to the traffic accident really need to leave the hospital temporarily because of raising the medical expenses of the injured person, and with the consent of the injured person or his family, leave true information and return within the agreed time;
4. The parties involved in the traffic accident need to go to the hospital for treatment because of injury, and fail to report the case in time;
5. The parties to a traffic accident fled the scene by car, and there is evidence to prove that they don't know or can't find the place where the accident happened;
6. There is evidence that the parties to a traffic accident are forced to leave the scene of the traffic accident because of possible personal injury and report the case in time.
Is it a hit-and-run if the car leaves after scraping? This is a traffic accident. And if you can prove that you really don't know, it doesn't belong to hit-and-run traffic, so it won't increase the punishment. The traffic police will issue an accident liability certificate, and you can make compensation.
Traffic accidents refer to traffic accidents such as collision, rolling, scraping, rollover, car crash, explosion and fire. And bear the corresponding responsibility for the accident.
Hit-and-run refers to the behavior that a motor vehicle driver escapes from the scene of the accident without authorization when a traffic accident occurs, so that the civil, criminal and administrative responsibilities caused by the traffic accident cannot be determined, and its purpose is to shirk and evade responsibilities.
For party member, how to deal with the hit-and-run after a public official's vehicle hits someone? If there is no escape, drunkenness, no license, etc., it is just a general traffic accident, so it will not be a double drive; Serious injuries caused by the above circumstances may constitute a crime of causing traffic accidents and affect work. If you are sentenced, you may be expelled from public office.
Hit by a car behind, how to deal with the car escape alarm. If no one is injured, you must apply for insurance.
Hit someone with a car. I wonder if it's a hit-and-run If you really don't know, it's not a hit-and-run
The so-called hit-and-run refers to the behavior of the parties to a road traffic accident who drive or abandon their vehicles to escape from the scene of the road traffic accident in order to avoid legal investigation after the road traffic accident.
Therefore, the premise of hit-and-run is that the parties have the subjective intention to escape legal investigation. If the parties really don't know that a traffic accident happened and leave the scene of the accident, they have the subjective intention of evading legal investigation, which does not constitute a hit-and-run
However, whether the parties know that a traffic accident has occurred cannot be based on their own statements, but should be comprehensively judged and analyzed according to normal daily life experience, the actual situation of the accident, the scene situation and other factors.
Provisions on procedures for handling road traffic accidents
Article 85 The meanings of the following terms in these Provisions:
(1) "Hit-and-run" refers to the behavior of the parties to a road traffic accident who drive or abandon their vehicles to escape from the scene of the road traffic accident in order to avoid legal investigation.
(2) "Determination of the conclusion of inspection and appraisal" means that within three days from the date when a copy of the inspection and appraisal report is delivered to the party concerned, the party concerned fails to apply for re-inspection and appraisal, the traffic administrative department of the public security organ agrees to re-inspection and appraisal, and the inspection and appraisal institution issues an inspection and appraisal opinion.
(3) The terms "one day", "two days", "three days", "five days", "ten days" and "twenty days" mentioned in these Provisions refer to working days, excluding holidays.
(four) the "above" and "below" as mentioned in these Provisions include this number.
(5) "The traffic administrative department of the public security organ at or above the county level" refers to the traffic administrative department of the people's public security organ at or above the county level or the traffic administrative department of the public security organ at the same level. "The traffic administrative department of the municipal public security organ with districts" refers to the traffic administrative department of the municipal public security organ with districts or the traffic administrative department of the public security organ at the same level. "Municipal public security organs with districts" refers to the municipal people's public security organs with districts or public security organs at the same level.
(6) "Fatal accident" refers to a road traffic accident that causes death.
(7) "Property loss accident" refers to a road traffic accident that only causes property loss.
Road traffic safety law
Article 70 When a traffic accident happens on the road, the driver of the vehicle should stop immediately to protect the scene. If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and report to the traffic police on duty or the traffic management department of the public security organ in time. If the scene is changed due to the rescue of the injured, the location shall be indicated. Passengers, drivers of passing vehicles and passers-by shall give assistance.
If a traffic accident occurs on the road, causing no personal injury or death, and the parties concerned have no dispute over the facts and reasons, they can immediately evacuate the scene, resume traffic and negotiate for damages; If it is impossible to leave the scene immediately, it shall promptly report to the traffic police on duty or the traffic management department of the public security organ.
If there is a traffic accident on the road, which only causes minor property losses and the basic facts are clear, the parties concerned should evacuate the scene first and then negotiate.
I scraped the rain barrier of the house gently and stopped to negotiate. Is it a hit-and-run or not? It depends.
What behaviors belong to hit-and-run traffic?
1. Knowing that a traffic accident occurred, the parties involved in the traffic accident fled the scene of the accident by driving or abandoning their cars;
2. The parties to a traffic accident think that they are not responsible for the accident and drive away from the scene of the accident;
3. The parties involved in a traffic accident are suspected of drunk driving and driving without a license, fail to perform the obligation of waiting on the spot after reporting the case, and abandon the car and return after leaving the scene of the accident;
4. Although the parties to the traffic accident sent the injured to the hospital, they did not report the case and left the hospital for no reason;
5. Although the parties to the traffic accident sent the injured to the hospital, they left the hospital after leaving a false name, address and contact information for the injured or their families;
6. The parties to a traffic accident escape during the investigation;
7. The parties to a traffic accident leave the scene and do not admit that there has been a traffic accident, but there is evidence to prove that they should know that there has been a traffic accident;
8. The compensation fee that cannot be paid through negotiation or negotiation is obviously insufficient. The parties to the traffic accident left no real information, and there is evidence to prove that they left the scene by force.
You can refer to the comparison. If you are not clear, you can go directly to Baidu for legal advice and ask a lawyer questions.
Is it still an escape to return after a hit-and-run This is still an escape. "Hit-and-run" refers to the behavior of the parties to a road traffic accident who drive or abandon their vehicles to escape from the scene of the road traffic accident in order to avoid legal investigation. Being caught up was not because my will stopped, and the escape behavior had already happened. The following eight situations belong to hit-and-run traffic:
1. Knowing that a traffic accident occurred, the parties involved in the traffic accident fled the scene of the accident by driving or abandoning their cars;
2. The parties to a traffic accident think that they are not responsible for the accident and drive away from the scene of the accident;
3. The parties involved in a traffic accident are suspected of drunk driving and driving without a license, fail to perform the obligation of waiting on the spot after reporting the case, and abandon the car and return after leaving the scene of the accident;
4. Although the parties to the traffic accident sent the injured to the hospital, they did not report the case and left the hospital for no reason;
5. Although the parties to the traffic accident sent the injured to the hospital, they left the hospital after leaving a false name, address and contact information for the injured or their families;
6. The parties to a traffic accident escape during the investigation;
7. The parties to a traffic accident leave the scene and do not admit that there has been a traffic accident, but there is evidence to prove that they should know that there has been a traffic accident;
8. The compensation fee that cannot be paid through negotiation or negotiation is obviously insufficient. The parties to the traffic accident left no real information, and there is evidence to prove that they left the scene by force.