According to China's "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents",
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
A traffic accident involving a large truck causes death, which constitutes a crime of causing traffic accidents and will be criminally detained.
Extended data:
One day at the end of June 2002, when Song was driving a truck to the intersection of a village in Mujiayu Town, Miyun District, Beijing, he collided with an agricultural tricycle driven by a nearby villager Li, causing a middle-aged man Zhong to die on the spot.
After the accident, Song fled to the Woods on the hillside opposite the accident site, and escaped after the police handled the accident site, and since then, he has been on the run for 15 years. In the meantime, the police searched for Song on the Internet many times and arrested him, but all failed.
Song claimed that he didn't bring his mobile phone when the accident happened, and asked another driver in the same car to call the police, but he ran to the mountain at the scene of the accident to hide, and didn't dare to go down the mountain until the ambulance and police car left. When talking about why he ran away, he said, "I'm just afraid. If you don't run, there won't be so much. You should contact your family earlier. "
Escape/kloc-surrender after 0/5 years
2017165438+1October 30th, accompanied by his son, Song surrendered himself to the public security organ in Miyun District, and made financial compensation to the family of the deceased Zhong, and obtained the understanding of the other party.
He introduced that during his escape, he mainly made a living by fishing in fishing villages in Yingkou, Dalian and Weihai. "If you don't dare to earn more money, you just want to make a living and do something that doesn't cause trouble.
Song said that from August 2065438 to August 2007, he found a job in Langfang, and thought that his son was in Shijiazhuang, which was close, so he tried to contact him for the first time. "Before my car accident, my son went to college, and I still remember his phone number clearly."
After contacting his son, Song began to have the intention of turning himself in. "I need to bear legal responsibility for the victims, and my son has also advised me." My son, who was still in college when he left, now has his own family and children. After persuading his father to surrender, the son compensated his father with his savings and obtained the understanding of the family of the deceased.
He was finally sentenced to one year and ten months in prison.
Recently, Miyun Court heard the case. It was found through court trial that at about 4: 30 on June 29th, 2002, the defendant Song was driving a "Jiefang" trailer from west to east on the east side of a gas station in Mujiayu Town, Migu Road, Miyun County, Beijing, and Li was driving a "Jiefang" agricultural tricycle in the driveway on the south side of the road.
The right rear corner of the main vehicle of the liberation hook and the right front corner of the trailer contacted with the left rear part of the agricultural tricycle, causing damage to the two vehicles, injury to Li and others, and death to Zhong. After that, Song abandoned the car and fled. After identification, Zhongmou met the death of craniocerebral injury. The accident identification shows that Song bears the main responsibility, Li bears the secondary responsibility, and Zhong and others have no responsibility.
On October 30, 2065438+07165438/KLOC-0, the defendant Song voluntarily surrendered himself and truthfully confessed his crime, and voluntarily reached a compensation agreement with the victim's family, which has been fulfilled and an understanding has been obtained.
The court held that the defendant Song violated traffic regulations and had a major accident, resulting in one death, taking the main responsibility for the accident and escaping after the accident. His behavior has constituted a traffic accident crime and should be punished. The defendant Song surrendered himself automatically after the hit-and-run and confessed his crime truthfully after the case, which was a surrender.
In view of the fact that the defendant Song is a first-time offender and has surrendered himself, he actively compensated the victim's family for economic losses and obtained understanding, and he was given a mitigated punishment according to law. The court sentenced Song to one year and ten months in prison for traffic accidents.
Baidu Encyclopedia-the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases
People's Daily Online-The truck driver was finally sentenced to one year and ten months in prison for the crime of causing trouble.