Article 133 of the Criminal Law of People's Republic of China (PRC); The crime of dangerous driving violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and 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 crime of causing traffic accidents refers to the crime that "the personnel engaged in traffic and transportation command in violation of regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property".
Therefore, under normal circumstances, a car driver kills a person, which constitutes a traffic accident crime.
Two, under special circumstances, the owner killed a person, not criminal responsibility.
Article 16 of the Criminal Law of People's Republic of China (PRC)? Although the act objectively caused damage, it was not caused by intention or negligence, but by irresistible or unpredictable reasons, which did not constitute a crime.
For example, if someone intentionally crashes into a moving car and commits suicide, and the car fails to avoid it, resulting in death, then this is an accident and the driver is not criminally responsible.
Extended data:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases stipulates that:
1. The crime of causing traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances.
1, 1 people die or more than three people are seriously injured, and they are fully or mainly responsible for the accident.
2, more than 3 people died, bear the same responsibility for the accident.
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan.
Two, traffic accidents in any of the following circumstances, which belong to "other particularly bad circumstances", shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
1, if more than 2 people are killed or more than 5 people are seriously injured, they shall be fully or mainly responsible for the accident.
2, more than 6 people died, bear the same responsibility for the accident.
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 600,000 yuan.