Brief introduction of the case

Mr. He's friend escaped drunk driving in Shenzhen on March 25, causing one person to die on the spot and another person to be seriously injured.

Sentencing Analysis of Shenzhen Macheng Law Group

1. If the victim finally dies because of the escape behavior of the criminal, then according to the provisions of the third paragraph of Article 133 of the Criminal Law, if the criminal violates traffic regulations and has a major traffic accident and finally dies because of escape, he shall be sentenced to fixed-term imprisonment of more than seven years.

2. If a criminal causes one death in a traffic accident and one escapes after being seriously injured, what is the behavior of Mr. He's friend according to Articles 2 and 3 of the judicial interpretation? Escape after a traffic accident? According to the second paragraph of Article 133 of the Criminal Law, whoever violates traffic regulations and causes a major traffic accident and escapes after the traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Relevant laws and regulations

Article 133 of the Criminal Law: Whoever commits a traffic accident in violation of traffic laws and regulations, resulting in a major accident, causing serious injury, death or heavy losses to public or private property, 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.

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 Article 1. Whoever engages in transportation or non-transportation and violates traffic regulations and causes a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.

Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(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 and smoking;

(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;

(six) to escape from the scene of the accident in order to escape legal investigation.

Rule three. Escape after a traffic accident? , refers to the behavior of the actor who has one of the circumstances specified in the first paragraph and the second paragraph (1) to (5) of Article 2 of this Interpretation, and escapes to avoid legal investigation after a traffic accident.

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