1. Should the driver's license be revoked if a traffic accident causes death?
If a traffic accident causes death and constitutes a traffic accident crime, and criminal responsibility is investigated, the motor vehicle driver's license shall be revoked. If you hit and run, you may not get a motor vehicle driver's license again for life.
Road traffic safety law
Article 101 If a serious traffic accident occurs in violation of the provisions of laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license.
If a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.
Second, how to sentence the death caused by traffic accidents?
1. If one of the following circumstances is stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases (hereinafter referred to as the Interpretation), the starting point of sentencing and benchmark punishment shall be determined according to law with imprisonment of not more than three years:
(1) If one person is killed or three people are seriously injured, and the accident is wholly or mainly responsible, the starting point of sentencing is one to two years' imprisonment.
(two) seriously injured four people, all or the main responsibility for the accident, the starting point of sentencing is one year and six months to two years and six months.
(3) If three people are killed and bear all or major responsibility for the accident, the starting point of sentencing is 1 to 2 years' imprisonment. For every additional death toll, three to six months can be added to determine the benchmark punishment.
(4) If direct losses are caused to public property or other people's property, and they are mainly or fully responsible for the accident, and the amount of compensation is unable to reach 300,000 yuan (each region can determine the standard of starting penalty in their own region within the range of 300,000 yuan to 600,000 yuan), the starting point of sentencing shall be fixed-term imprisonment of not less than six months but not more than one year. If the amount of inability to compensate increases, the amount of punishment may be appropriately increased and the benchmark punishment may be determined.
(5) If one person is seriously injured and bears all or the main responsibility for the accident, and one of the circumstances specified in Items (1) to (6) of Paragraph 2 of Article 2 of the Interpretation exists, the starting point of sentencing shall be fixed-term imprisonment of not less than six months but not more than one year. For each case specified in Item (1) to Item (5) of Paragraph 2 of Article 2 of the Interpretation, three months' imprisonment may be increased; For each additional seriously injured person, six months' imprisonment can be added to determine the benchmark punishment.
2. Under any of the following circumstances stipulated in the Interpretation, the benchmark penalty for sentencing shall be determined within a fixed-term imprisonment of not less than three years but not more than seven years according to law:
(1) A traffic accident causes one person to die or three people to be seriously injured, and takes full or main responsibility for the accident and escapes; Or three people die, bear the same responsibility for the accident and escape; Or cause direct losses to public property or other people's property, bear the main or full responsibility for the accident, unable to compensate for the amount of 300 thousand yuan, and escape; Or cause serious injury to one person, bear full or main responsibility for the accident, have one of the circumstances specified in Items (1) to (5) of Article 2 of the Interpretation, and escape, the starting point of sentencing is fixed-term imprisonment of not less than three years but not more than four years.
(2) If two people are killed and bear all or the main responsibility for the accident, the starting point of sentencing shall be fixed-term imprisonment of not less than three years but not more than four years. For every additional death toll, six months can be added to determine the benchmark punishment.
(3) If five people are seriously injured and bear all or the main responsibility for the accident, the starting point of sentencing shall be fixed-term imprisonment of not less than three years but not more than four years. For each additional seriously injured person, the sentence can be increased by three months.
(4) If six people are killed and bear the same responsibility for the accident, the starting point of sentencing is 3 to 4 years in prison. For each additional death toll, three months of fixed-term imprisonment can be added to determine the benchmark punishment.
(5) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of 600,000 yuan (each region can determine the starting amount of punishment in its own region within the range of 600,000 yuan to 6,543.8+0,000 yuan), and the starting point of sentencing is fixed-term imprisonment of three to four years. If the amount of inability to compensate increases, the amount of punishment may be appropriately increased and the benchmark punishment may be determined.
(6) In case of any of the above-mentioned circumstances (2) to (5) and the circumstances of escape, one year's fixed-term imprisonment may be increased to determine the benchmark punishment.
According to Chinese laws, if a traffic accident causes death, the driver's license must be revoked. In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license. The specific provisions are as above.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 88 of the Traffic Safety Law of the People's Republic of China punishes road traffic safety violations, including warnings, fines, suspension or revocation of motor vehicle driving licenses, and detention. It can be seen that the revocation of motor vehicle driving license belongs to administrative punishment, which is based on the victim's violation of laws and regulations.