The traffic accident caused death, the civil compensation has been negotiated, and the other party's letter of understanding has been signed. Is the perpetrator still sentenced?

Traffic accidents Traffic accidents have caused deaths. Civil compensation has been negotiated and the other party's letter of understanding has been signed. Whether the perpetrator is sentenced depends on the traffic accident responsibility of the traffic police. if a traffic accident causes serious injuries to more than one person, and bears all or major responsibilities for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(1) driving a motor vehicle after drinking or taking drugs;

(2) driving a motor vehicle without driving qualification;

(3) driving a motor vehicle knowing that the safety devices are incomplete or the safety components are out of order;

(4) driving with knowledge of unlicensed or scrapped motor vehicles;

(5) seriously overloaded;

(6) fleeing the scene of the accident in order to avoid legal investigation.

Whoever commits a traffic accident 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 he is fully or mainly responsible for the accident;

(2) an accident in which three or more people died and were equally responsible;

(3) Having caused 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 3, yuan.

Extended data

Interpretation of the crime of causing traffic accidents: It refers to the behavior of people engaged in transportation who have serious accidents due to violation of transportation rules and regulations, causing serious injuries, deaths or heavy losses to public and private property.

A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case.

The letter of understanding is generally completed in the process from public prosecution to court cross-examination, which has the effect of discretionary mitigation and lighter punishment in criminal law. The purpose and function of the letter of understanding is that the court can (but not necessarily) give lighter consideration when trying criminal cases, but it has no effect of exempting punishment under any circumstances, so the procuratorate will continue to investigate the criminal responsibility of the other party.

Reference:

Interpretation of Beijing Public Security Bureau-the Supreme People's Court on the trial of criminal cases of traffic accidents.