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.
According to Article 133 of the Criminal Law of People's Republic of China (PRC), anyone who violates traffic regulations and thus causes a serious accident, causing serious injury or death or heavy losses to public or private property 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.
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Case: The couple run the Henan Opera Troupe without a license? Be sentenced for causing a traffic accident
Recently, Tian and Li Moule were sentenced to 7 years' imprisonment by Linzhou People's Court for causing a serious traffic accident in Linzhou on March 2 for instructing unlicensed drivers to drive a bus, and jointly compensated the plaintiff in the incidental civil action for economic losses 10 million yuan.
20 15 At about 23 o'clock on March 2, a bus from Xinxiang to Linzhou fell off a cliff at the junction of the two cities, with 33 people on board, 20 people were killed and 13 people were injured.
The court found that from 2065438 to July 2004, the defendants Tian and Li Moule operated the Henan Opera Troupe without a license, with Tian as the head and performance as the purpose. In September of the same year, Tian bought the AL9 139 bus from Henan for the performance of the troupe, and Tian was usually in driving without a license.
2065438+At about 8 o'clock on March 2, 2005/KLOC-0, Tian and Li Moule hired Song (sentenced) without a driver's license as the driver, and drove the car from Xingyang City to Qianzhai Village, Linzhou Town, with 33 people on board. At about 23 o'clock, the vehicle rolled over and fell into the roadside cliff when it reached the 45km+700m bend on the S226 line.
Judicial expertise shows that the speed before braking is 41km/h; Due to continuous curve, steep slope and continuous braking, the braking system is overheated, the brake drum is seriously worn, and the braking efficiency is reduced. As a result, the centrifugal force is too large when the bus passes through the curve, the turning radius is increased, and finally it rushes out of the guardrail and falls into the cliff.
According to the traffic police, the speed limit of traffic signs on the incident section is 20 km/h; The driver of the car, driving without a license, has incomplete safety facilities and the vehicle has potential safety hazards.
The court also found that the accident caused losses to 56 plaintiffs in incidental civil action, amounting to 1.006+0 yuan.
The court held that the defendants Tian and Li Moule, the actual controllers of Henan AL9 139, hired Song to drive illegally while knowing that the car was not equipped with safety devices as required and there were potential safety hazards, and did not verify whether the driver Song had a driver's license, which violated traffic management regulations.
Causing particularly heavy casualties, the circumstances are particularly bad, and its behavior has constituted a traffic accident crime. According to the criminal circumstances and social harmfulness of the case, the above judgment was made according to law. After the judgment of the first instance, neither defendant appealed and the judgment came into effect.
People's Daily Online-The couple were sentenced for operating the Henan Opera Troupe without a license, causing a traffic accident.