The sentencing circumstances of traffic accident crime are as follows:
One, a traffic accident caused more than one serious injury, bear all or the main responsibility for the accident, and has one of the following circumstances, convicted and punished for traffic accidents:
1, driving a motor vehicle after drinking or taking drugs;
2. Driving a motor vehicle without driving qualification;
3. 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;
5, serious overload driving;
6. Escape from the scene of the accident to avoid legal investigation.
2. Whoever commits one of the following acts shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
1. Take full or main responsibility for the accident: one person died or more than three people were seriously injured;
2. Those who are equally responsible for the accident: more than three people died;
3. Causing direct losses of more than 300,000 yuan to public property or other people's property, taking full or main responsibility for the accident and unable to compensate.
Three, one of the following acts, as "other particularly bad circumstances", shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
1. Take full or main responsibility for the accident: two or more people died or five or more people were seriously injured;
2. Those who are equally responsible for the accident: more than six people died;
3. If public property or other people's property directly loses more than 600,000 yuan, they shall bear all or the main responsibility for the accident and are unable to compensate.
What are the exemption clauses for traffic accidents?
Traffic accidents can be exempted from liability: those who escape after a road traffic accident; Intentionally destroying, falsifying the scene or destroying evidence. In order to avoid legal liability, if a party abandons his car and absconds or hides, and there is evidence to prove that other parties are also at fault, the liability may be appropriately reduced, but at the same time, if there is evidence to prove that the escaping party intentionally destroys, forges the scene or destroys evidence, it will not be reduced.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC)
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.