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If it is determined that escape does not constitute a crime, according to the provisions of the Road Traffic Safety Law of the People's Republic of China, a fine of detention may be imposed, but detention is not necessary.

According to the Road Traffic Safety Law of the People's Republic of China:

Ninety-ninth one of the following acts, the traffic administrative department of the public security organ shall impose a fine of two hundred yuan and two thousand 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is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld; ?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 fifty percent; ?

(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; In case of any of the first, third, fifth to eighth cases, the person may be detained for not more than fifteen days.

Extended data:

Penalty rules for escaping after traffic accidents

At the same time, it is necessary to distinguish the responsibility for the accident. According to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law, if a party escapes after a traffic accident, the escaping party shall bear all the responsibilities. However, if there is evidence that the other party is also at fault, the responsibility may be reduced. If a party intentionally destroys or forges the scene or destroys evidence, it shall bear full responsibility.

The responsibility is great. According to the provisions of the Road Traffic Safety Law: "If a party escapes or intentionally destroys, forges the scene or destroys evidence, so that the responsibility for traffic accidents cannot be determined, he shall bear full responsibility." In a traffic accident, the driver may have no responsibility or only partial responsibility, but if he escapes, the responsibility for the traffic accident cannot be determined, and the driver bears the full responsibility for the traffic accident.

Heavy losses. According to the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the compensation costs range from several thousand yuan to tens of thousands or even hundreds of thousands of yuan. If the vehicle involved in the accident is insured with third-party liability insurance, the insurance company has the obligation to pay in advance.

However, if the accident vehicle escapes, according to the insurance contract, the insurance company will no longer bear the insurance liability, and the vehicle will mainly bear all the compensation expenses.

The administrative punishment is heavy. According to the second paragraph of the Road Traffic Safety Law, which came into effect on May 1 this year, the public security traffic management department will revoke the motor vehicle driver's license for the driver who escaped after the traffic accident, regardless of the consequences of the traffic accident, and it will not be re-acquired for life.

Heavy criminal responsibility. According to Article 133 of the Criminal Law and relevant judicial interpretations, escaping after an accident is a statutory aggravating circumstance. If the injured person dies due to untimely rescue, he can be sentenced to more than 7 years in prison.

If the injured person is not dead, the driver of the motor vehicle hides or abandons the injured person after taking him away from the scene of the accident in order to avoid legal investigation, so that the injured person dies or is severely disabled without being rescued, which constitutes the crime of intentional homicide or intentional injury, and shall be given a heavier punishment in accordance with the provisions of the Criminal Law.

In addition, the law also stipulates that after a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instigates the driver of the accident to escape, and the injured person dies because he can't get help, he shall be punished as the * * * offender of the traffic accident crime.

Baidu Encyclopedia-Road Traffic Safety Law of the People's Republic of China

Baidu encyclopedia-hit-and-run traffic