According to criminal law
Article 133 Crime of causing traffic accidents; The crime of dangerous driving violates traffic laws and 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.
Article 133-1 Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Extended data
Case: Shuangfeng was convicted of dangerous driving because of overloading.
The People's Court of Shuangfeng County, Hunan Province publicly tried a dangerous driving case. The defendant Sunshine Rong was sentenced to three months' criminal detention, suspended for six months, and fined 10000 yuan. This is the first case that Shuangfeng Court has tried for being convicted of dangerous driving because of overloading since the promulgation and implementation of the Ninth Amendment to the Criminal Law. Some county people's congress deputies, CPPCC members and relevant personnel of the county traffic police brigade attended the trial.
On February 23rd, 20 17, at about 5: 00, the defendant, Yang Guangrong, drove a medium-sized ordinary bus from Shuangfeng East Bus Station and drove along the He Zi Line to Ye He Town, passing through Zimenqiao Town Central Primary School, which had just finished school, and the defendant, Yang Guangrong, violated road traffic regulations.
Although there are passengers on the bus, there are still more than 20 primary school students illegally squeezed into the bus, resulting in a serious overload of the carriage. Not far from the car, it was seized by the police of the traffic police brigade of the county public security bureau. After investigation, the car was loaded with 19 people, with 42 people actually loaded and 23 people overloaded.
The court held that the defendant, Yang Guangrong, was driving a motor vehicle on the road, which seriously exceeded the rated passengers to carry passengers, and his behavior constituted the crime of dangerous driving. Therefore, the above judgment was made according to law.
References:
Wen county Public Security Bureau Network-Criminal Law
References:
Hunan court network-Shuangfeng sentenced a dangerous driving crime for overloading.