(1) Under any of the following circumstances, a case shall be put on file for prosecution and sentenced to fixed-term imprisonment of not more than three years or criminal detention:

1. Causing 1 death, or seriously injuring more than 3 people and less than 5 people, and taking full or main responsibility for the accident;

2. Causing more than 3 people and less than 6 people to die, and taking equal 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 400,000 yuan but less than 800,000 yuan;

4. Other circumstances that constitute a crime.

5. Due to traffic accidents, more than 1 person is seriously injured, and he is fully or mainly responsible for the accident, and has one of the following circumstances: (1) 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 while knowing that it is an unlicensed or scrapped motor vehicle; (five) more than 50% of the overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.

(2) Under any of the following circumstances, it is considered as "especially bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

1. Causing more than 2 deaths or more than 5 serious injuries, and taking full or main responsibility for the accident;

2. Causing more than 6 deaths and taking equal 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 pay compensation of more than 800,000 yuan;

4. Other particularly bad circumstances.

(3) the application of probation

1. Probation is not applicable under the following circumstances:

(1) drunk driving a motor vehicle causes one death or serious injuries to more than three people; (2) More than 50% of the drivers are speeding on the road for fun, competition and excitement; (3) Causing one person to die or more than three people to escape after being seriously injured; (4) Causing one pedestrian to die or more than three people to be seriously injured on the zebra crossing; (5) Having "other particularly bad circumstances" as stipulated in Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Traffic Accident Criminal Cases; (6) Causing adverse social impact.

However, under special circumstances, a few cases that need to be suspended shall be tried by a collegial panel and reported to the judicial committee for discussion and decision, and at the same time reported to the court at the next higher level for the record.

2. Under the following circumstances, probation is generally not applicable:

(1) driving a motor vehicle after drinking or taking drugs, resulting in one death or serious injuries to more than three people; (2) A person without driving qualification drives a motor vehicle, causing one death or three or more serious injuries; (3) Being investigated for criminal responsibility for violating traffic safety laws and regulations, or being subject to administrative punishment of revocation of motor vehicle driving license or detention; (4) being replaced after a traffic accident; (5) knowing that it is an unlicensed motor vehicle, a scrapped motor vehicle, a motor vehicle with potential safety hazards such as safety facilities and spare parts that do not meet technical standards, or a motor vehicle that is illegally modified, or that it is seriously overloaded, resulting in one death or three or more serious injuries.

However, under special circumstances, a case that needs to be suspended shall be discussed and decided by the court hearing the case.

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