1. How to write a letter of understanding for a drunk driving traffic accident
When writing a letter of understanding for a drunk driving traffic accident, you must indicate the time of the accident, the final result of the accident, the amount of compensation, and understanding Reasons and conclusions.
Drunk Driving Comprehension Sample
xxxx, XxxX, xxX had a dispute with me due to drunk driving, and xxx was slightly injured. After the incident, XXX surrendered to the public security organ in XXXX. The case has now been transferred to the XX People's Procuratorate for review and prosecution, and XXX is detained in the XXX Detention Center.
After the accident, XXX’s family attached great importance to it and immediately paid the victim’s medical expenses of XXXXX yuan to compensation.
During the negotiation, we learned that the XXX family is also very difficult, and its main income relies on meager agricultural planting and migrant work. Under such difficult circumstances, XXX and his family are still actively raising compensation funds for compensation. We think his repentance is a good one and his relatives need help with the income from his job. XXX's intentional injury caused us great pain, as did his family. He has learned his lesson. We do not want to continue to cause new tragedies and are willing to forgive him.
Therefore, I understand XXX’s behavior and voluntarily no longer pursue XXX’s criminal responsibility. At the same time, I submitted an application to the Procuratorate to withdraw the case, requesting the Procuratorate to give XXX a chance to reform and withdraw the case.
I hereby convey
Xx City Public Security Bureau xx City People’s Procuratorate
Hospital victim: XXX
XXX year XX month XX
Second, the revised legal provisions on drunk driving
(1) Drunk driving
For those who drive a motor vehicle after drinking, the temporary The driving license will be detained for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan will be imposed. Anyone who is punished for driving a motor vehicle after drinking alcohol and drives a motor vehicle again shall be detained for not more than ten days, fined not less than one thousand yuan but not more than two thousand yuan, and his motor vehicle driving license shall be revoked.
(2) Drunk driving
Whoever drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license shall be revoked, and criminal liability shall be investigated in accordance with the law. The motor vehicle driving license shall not be re-obtained within five years.
(3) Driving or operating a vehicle after drinking alcohol.
Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and have an administrative penalty of revoking his or her motor vehicle driving license, and shall not be able to obtain a new motor vehicle driving license within five years.
(4) Driving a commercial vehicle while drunk
Those who drive or operate a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until they sober up. This provision adds the possibility of revoking a motor vehicle driving license and pursuing criminal liability in accordance with the law; a person shall not be allowed to obtain a motor vehicle driving license again within ten years, and shall not drive or operate a motor vehicle after obtaining a motor vehicle driving license again.
The above regulations have significantly increased the penalties for operating vehicles, reflecting the country’s emphasis on public safety.
(5) Drunk Driving Accidents
If a serious traffic accident occurs after drinking or driving a motor vehicle while drunk, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the vehicle. If you have a motor vehicle driving license, you are not allowed to obtain a motor vehicle driving license again for life.
If a drunk driver can take the initiative to pay a certain amount of financial compensation after a traffic accident, he may be forgiven by the victim's family. If the judicial authority receives a letter of understanding written by the victim himself or his lawyer, the drunk driver will be given a lighter punishment.
3. What are the constituent elements of the crime of traffic accident?
(1) The subject is a general subject and a natural person who bears criminal responsibility;
(2) The object is traffic safety;
(3) The subjective aspect is Negligence can be carelessness or overconfidence;
(4) Objectively, the perpetrator violates traffic management regulations, causes a major accident, causes serious injury or death, or suffers heavy losses to public or private property.
The above is the relevant legal knowledge compiled by Zhaofa on how to write a letter of understanding in a drunk driving traffic accident. com. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, and his motor vehicle driving license will be revoked. Criminal liability should be investigated in accordance with the law, and the person shall not be allowed to obtain a new motor vehicle driving license within five years. If you have any other questions, you are welcome to go to the French Open for consultation and find a French Open lawyer to answer your questions.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 288
In the following public prosecution cases, the criminal suspect , the defendant sincerely regrets his crime and obtains the victim's understanding through compensation for losses, apology, etc. , and if the victim voluntarily reconciles, both parties may reconcile:
(1) Due to a civil dispute, a criminal case stipulated in Chapter 4 and Chapter 5 of the Criminal Law may be sentenced to a fixed-term imprisonment of not more than three years.
(2) Cases of criminal negligence other than dereliction of duty that may be punished with a fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures stipulated in this chapter shall not apply.
Criminal Procedure Law of the People's Republic of China
Article 290
For cases in which a settlement agreement has been reached, the public security organs may make suggestions for leniency to the People's Procuratorate . The People's Procuratorate may make recommendations to the People's Court for leniency;
If the crime is minor and does not require a penalty, it may decide not to prosecute. The people's court may impose a lighter punishment on the defendant in accordance with the law.