Legal basis: "Article 133 of the Criminal Law of the People's Republic of China * * * * violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes a traffic accident or escapes 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.
whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
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
Article 2 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:
(1) One person is killed or more than three people are seriously injured, and he is fully or mainly responsible for the accident;
(2) three or more people were killed and were equally responsible for the accident;
(3) three or more people were killed, and they were equally responsible for the accident; (3) they caused direct losses to public property or other people's property, and were fully or mainly responsible for the accident, and were unable to compensate for the amount of more than 3, yuan.
if one or more people are seriously injured in a traffic accident, and they are fully or mainly responsible for the accident, and have one of the following circumstances, they will be convicted and punished for the crime of traffic accident:
(1) driving a motor vehicle after being drunk or taking drugs;
(2) driving a motor vehicle without obtaining the driving qualification;
(3) knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety parts;
(4) driving a motor vehicle with incomplete safety devices or faulty safety parts.
(4) knowingly driving a motor vehicle without a license plate or scrapped;
(5) The driver is seriously overloaded;
(6) fleeing the scene of the accident to avoid legal investigation.
article 3 "hit-and-run" refers to the behavior that the perpetrator escapes to avoid legal investigation after a traffic accident under any of the circumstances specified in the first paragraph and the second paragraph (1) to (5) of article 2 of this interpretation.