Canon? Type? Case? example
1, 20 19At about 23: 34 on February19, Wang Moulong drove an unlicensed black car and had a fatal traffic accident on the north side of Dongbei Village, Yihe Town, Hekou District. After the accident, Wang Moulong abandoned the car and fled. On February 20, the case was solved and the party was detained in criminal detention.
2. At 20 19 10 04 14: 33, Yan Moumin was driving a vehicle with the license plate number of Shanghai C****U, and a fatal traffic accident occurred at the intersection of huanghe road and Sheng Xing Street in Hekou District. After the accident, Yan Moumin fled by car. 10 10 25. The client was detained in criminal detention.
3, 20 19, 10, 13, 23: 00, 12: 00, driving a small ordinary bus with license plate number Lu R 1 * * A in Fenhe Holiday Plaza, causing one death at the scene. After the accident, Zhang fled by car. The case was settled on 20 19 10 10/0/4. The party concerned was fined 2000 yuan, deducted 12 points from the driver's license and detained 14 days. The client was detained in criminal detention on 20 19125 October.
4. On March 3, 2009, at about 2 1 2/50, Li * * driving without a license's vehicle with license plate number Lu E2 18** was traveling north to south to the 38-3 1 0/pole section of the branch line of 10 kV Huajin Line. The case was solved on April 0 19. On April 26th, 20 12, 20 19, the parties were criminally detained according to law, and were arrested on April 26th, 20 19.
5, 2065438+At about 9: 20 on August 24th, 2009/Kloc-0, Li * * was driving a vehicle with license plate number Lu E9 17** from the dam route to the section of Qiyi Village in Yanwo Town, and a fatal road traffic accident occurred. After the accident, Li drove away. 20 19 solved the case on August 24th. The client was criminally detained according to law on August 25th, 20 19, and was arrested on September 6th, 20 19.
6, 2065438+On July 27th, 2009 16: 50, Pang Mougang was driving a vehicle with license plate number Lu E***CN at No.248 road lamppost, and a road traffic accident occurred, resulting in one death. After the accident, Pang Cai escaped. The case was closed on July 28th. The client was detained in criminal detention on July 28th.
7.2065438+At about 5: 45 on August 29, 2009, Li was driving a vehicle with license plate number Lu V***G, which caused a road traffic accident at the entrance of the village of Provincial Highway 230, causing death. After the accident, Li escaped. The case was cracked on August 30. The client was detained in criminal detention on August 30.
8, 2065438+On February 3, 2009 13: 35, Li Mouxiao was driving a small car with the license plate number of Lu E8***7, and when he drove west along the North Second Route to the west side of the expressway 100 meters, a road traffic accident occurred, causing death. After the accident, Li Mouxiao fled by car. Being criminally detained according to law for traffic accident, Dongying District People's Court sentenced Li Mouxiao to three years' imprisonment, suspended for five years and fined RMB 5,000.
9.2065438+09191At about 4: 23 on October 3, Wei Mopo drove a small car with license plate number Lu E5***C from south to north, and a fatal road traffic accident occurred. Wei Mopo drove away after the accident. The party concerned was criminally detained according to law for committing traffic accidents, and is now awaiting a court decision.
As everyone knows, you have set foot on a road of no return!
Identification of Hit-and-Run and Its Legal Consequences
How to punish people who escape after a traffic accident?
According to the Provisions on the Application and Use of Motor Vehicle Driving License and the Road Traffic Safety Law, if a motor vehicle driver escapes after a traffic accident, which does not constitute a crime, the traffic management department of the public security organ shall impose a fine of more than 2,000 yuan on 200 yuan, with a score of 12, and may also be detained for less than 15 days.
According to Article 10 1 of the Law of the People's Republic of China on Road Traffic Safety, if a serious traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license. If a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.
According to Article 133 of the Criminal Law and related judicial interpretations, escaping after an accident is a statutory aggravating circumstance. Whoever escapes after a road traffic accident causes death 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, and whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Hit-and-run is a particularly bad traffic violation, which will bear serious legal consequences. Let's take a look now. What are the consequences?
1
Accident liability: unfavorable liability.
Responsibility determination: hit-and-run may take full responsibility.
Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates that if a party escapes after a traffic accident, the escaping party shall bear all the responsibilities, but if there is evidence that the other party is also at fault, the responsibility may be reduced. The law defines this kind of responsibility as presumed fault responsibility, that is to say, the driver who caused the accident may have no responsibility or only partial responsibility, but if he escapes, he can't determine the responsibility of the traffic accident, and the actor bears all the responsibility for the traffic accident.
Pay? Compensation? Cost? use
Will the insurance company compensate for the loss of the traffic accident if it escapes after the traffic accident?
The insurance company said: Hit-and-run only pays strong insurance, and has the right of recovery, and the rest of the perpetrators bear it themselves.
For compulsory insurance: According to the compulsory insurance regulations, escaping from traffic accidents does not belong to the exemption scope of compulsory insurance. Therefore, after the hit-and-run traffic accident, the insurance company will make claims within the scope of compulsory insurance, but the insurance company has the right to recover from the perpetrator, because the hit-and-run traffic accident is a serious violation of the road traffic law, just like drunk driving and driving without a license. The Compulsory Traffic Insurance Regulations and the Tort Liability Law clearly stipulate that insurance companies have the right to recover compensation: drivers driving without a license, drunk driving, and insured motor vehicles being stolen. In the event of a traffic accident, he did not rescue the injured in time and deliberately fled the scene. Subjectively, he has a serious fault, as serious as drunk driving. According to the principle of "emphasizing light and emphasizing heavy"? According to the principle of legal interpretation, the infringer should bear the ultimate liability for compensation, so the insurance company has the right to recover from the escaper after compensating the losses of the three people.
For commercial insurance: The model clauses of comprehensive motor vehicle commercial insurance stipulate that after an accident, the insurer shall not be liable for compensation if it drives the insured motor vehicle or abandons the insured motor vehicle at the scene of the accident without taking measures according to law. In other words, hit-and-run is the exemption of commercial insurance, not only commercial three-way insurance does not compensate, but also vehicle loss insurance and vehicle personnel liability insurance are not responsible for compensation. It can be seen that after the accident, the hit-and-run belongs to the exemption of commercial insurance liability, and the resulting losses can only be borne by the perpetrators themselves.
2
Administrative responsibility: the punishment is more severe
The hit-and-run perpetrator shall bear the following responsibilities:
One-time deduction 12 points
According to the "Regulations on the Use and Application of Motor Vehicle Driving License", those who escape after a traffic accident will be scored 12 at one time.
Fines, detention
According to Article 99 of the Road Traffic Safety Law, anyone who escapes after a traffic accident does not constitute a crime shall be fined between 200 yuan and 2,000 yuan, and may also be detained for up to 15 days. For drivers, if they escape after the accident, they may face fines and detention.
Revocation of driver's license and life ban
According to Article 10 1 of the Road Traffic Safety Law, if a major traffic accident occurs and constitutes a crime, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license. If a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life. Article 58 of the Regulations on Procedures for Handling Road Traffic Accidents has also made the same provision. As can be seen from the above provisions, if the accident constitutes a crime, the driver's license will be revoked, but those who escape will be banned from driving for life.
three
Criminal responsibility: aggravated crime
Escaping after a traffic accident is an aggravated crime, and the criminal law stipulates that the heavier punishment should be changed from less than three years to more than three years or even higher. According to the provisions of article 133 of the criminal law:
Whoever escapes after an accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
According to the relevant judicial interpretation, if one person escapes after an accident and the accident causes serious injuries to more than one person, he shall bear all or the main responsibility for the accident, which constitutes the crime of causing traffic accidents.
Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
According to the relevant judicial interpretation, the death caused by hit-and-run refers to the situation that after a traffic accident, the actor escapes to avoid legal investigation, resulting in the victim's death due to lack of assistance.
That is to say, if a traffic accident causes one person to be seriously injured, the driver escapes and bears all or the main responsibility for the accident, it is directly recognized as a traffic accident crime and sentenced to more than three years in prison. If the injured person dies in time due to failure to rescue, he shall be sentenced to fixed-term imprisonment of not less than seven years.
Therefore, escaping after a traffic accident not only bears high compensation, but also faces more serious administrative punishment and bears heavier criminal responsibility.
This article comes from car home, the author of the car manufacturer, and does not represent car home's position.