Under normal circumstances, it is necessary to combine its responsibility in the accident to finally determine the specific sentencing range.
1. Whoever takes full or major responsibility for the accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
2. If the circumstances are bad, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. What are the similarities between drunk driving and drunk driving in sentencing?
In China, drunk driving is divided into two situations, drunk driving and drunk driving.
However, according to the fifth paragraph of Article 91 of the Road Traffic Safety Law, if a serious traffic accident occurs after drinking or drunk driving a motor vehicle, 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 and shall not re-obtain the motor vehicle driver's license for life. Therefore, whether drunk driving kills a person or drunk driving kills a person, the driver should be investigated for criminal responsibility according to law. Therefore, in this article, I will introduce the sentencing of death caused by drinking and the sentencing of death caused by drinking together, and unify the sentencing content of death caused by drunk driving.
Third, how to judge a drunk driver?
Drunk driving and killing people is a negligent crime, which is generally convicted and punished for traffic accidents.
According to the provisions of Article 133 of the Criminal Law of People's Republic of China (PRC), there are three different punishment levels (sentencing levels) for traffic accidents:
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, and 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.
The 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 stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(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;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving.
The above is the legal knowledge about casualties caused by drunk driving, and I hope it can help you. If you are unfortunate enough to encounter some thorny legal problems and have the idea of looking for a lawyer, we have many lawyers who can provide services for you. We also support online selection of lawyers in designated areas, and all of them have detailed information about relevant lawyers.