If there is evidence to prove that the driver intentionally hit someone while driving is a subjective psychological and objective act of retaliating against a specific victim, criminal responsibility shall be investigated according to the crime of intentional injury. If both subjective and objective purposes are to threaten the victim's life and cause his death, he should be investigated for criminal responsibility for intentional homicide. If, in order to get back at the society, he recklessly hits an unspecified victim with a car, he shall be investigated for criminal responsibility according to the crime of endangering public safety in a dangerous way.
The criteria for intentional homicide are as follows:
Whether the crime of intentional homicide is sentenced to death depends not only on whether the victim died, but also on the overall situation of the case. For intentional homicide cases caused by the intensification of civil conflicts such as marriage, family and neighborhood disputes, the application of the death penalty must be very cautious and should be distinguished from other intentional homicide cases that seriously endanger social order. If the victim has obvious fault or is directly responsible for the intensification of contradictions, or the defendant has statutory circumstances of lighter punishment, the death penalty should generally not be executed immediately. Attention should be paid to strictly distinguish between intentional homicide and intentional injury. In the cases of direct intentional homicide and indirect intentional homicide, criminals are different in subjective malignancy and should be punished differently. Although both indirect intentional homicide and intentional injury lead to death, the intentional nature and content of the perpetrator are completely different. It is wrong to sentence the death penalty as long as there are death consequences, without paying attention to distinguishing the nature and intentional content of the crime, which should be corrected in future work. The death penalty can only be imposed if intentional injury causes death and the means are particularly cruel and the circumstances are particularly bad.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC) intentionally hurts another person's body, and he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.