2, revoke the driver's license, two years are not allowed to apply for a driver's license;
3. If the victim dies due to escape, he shall be sentenced to fixed-term imprisonment of more than 7 years in accordance with the provisions of the Criminal Law. Under normal circumstances, the penalty for death caused by traffic accidents is fixed-term imprisonment of not more than three years or criminal detention.
The latest explanation about drunk driving is that if a serious traffic accident occurs after drinking alcohol or driving a motor vehicle drunk, which constitutes a crime, criminal responsibility shall be investigated according to law. Major traffic accidents are the premise, and what constitutes a crime is a general term. This is an important change in the discretion given to law enforcers after the revision of the criminal law. There is no mention of "stirring up trouble" here, that is, denying drunk driving and drunk driving from the crime of causing traffic accidents and excluding the crime of causing traffic accidents. The so-called constitution crime is explained by the subjective constitution of the actor and the objective result theory.
I. Classification of hit-and-run situations
Hit-and-run refers to the illegal behavior that the parties know it is a hit-and-run and do not report it to the public security organ in order to avoid the responsibility of the accident after the traffic accident. There are two situations:
1, people fled the scene of the accident after the accident;
2, abandon the car to escape, that is, the parties left the car at the scene, people fled the scene of the accident.
Second, what if the accident party does not compensate?
The measures for handling accidents without compensation are as follows:
1. Mediation through the traffic police department
After a traffic accident, the traffic police department will first intervene in the investigation and issue relevant appraisal documents. At the same time, the traffic police department, as a law enforcement agency, can adjust the disputes arising from traffic accidents between the two sides. As the injured party, you can also ask the traffic police department for mediation. If the accident is related to the opinions of law enforcement departments, you can agree to mediation and pay the amount as soon as possible.
2. Matters needing attention in mediation
(1) Mediation should be voluntary. The mediation of the traffic police department can only be carried out on the basis of mutual consent, that is, there is no compulsion. If the parties do not agree to mediation, the mediation procedure cannot be started.
(2) there is trouble in execution. At the same time, even if the mediation agreement is signed, if the parties do not abide by it, the mediation agreement can not be enforced through court application, but only through litigation and court judgment.
(3) Low pay. Since it is mediation, it must be the result of mutual concessions, and the compensation required will be reduced accordingly. And if it is not calculated in detail by professionals, the compensation fee may be miscalculated.
3. Bring a lawsuit for personal injury compensation in road traffic accidents to the court.
When the perpetrator refuses to pay compensation and is unwilling to cooperate with mediation, the injured party can only bring a civil lawsuit to the court. Moreover, at present, the insurance premiums of insurance companies can only be paid in full through litigation. With the improvement of the judicial and legal systems, the advantages of civil litigation are also reflected.
4. Matters needing attention in prosecution
(1) Compensation execution is guaranteed. At present, vehicles have basically covered compulsory insurance, and most of them have purchased commercial insurance. Therefore, as long as it is not a high-level disability or a traffic accident that causes death, as long as a lawsuit is filed, the court decides that there is no problem in obtaining compensation, because it is basically borne by the insurance company.
(2) The compensation amount is high. Legal and reasonable claims for compensation provided by lawyers will be calculated in strict accordance with the law after trial by the court, which is bound to be higher than mediation and settlement.
(3) If you entrust a traffic accident lawyer to sue, you don't need to bother yourself, and the lawyer will handle everything. Most people don't know much about legal knowledge, even if they have general legal knowledge, they have not been exposed to professional legal knowledge and operating objects in the field of traffic accidents, including how to calculate compensation for lost time, how to preserve property and how to obtain materials. And it takes a lot of time to operate it yourself.
legal ground
criminal law
Article 133 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.