Drunk driving causes death, which not only violates the road traffic safety law, but also violates the criminal law and commits the crime of traffic accident, which belongs to "other circumstances are particularly bad" and is classified as a heavier punishment by the criminal law. Be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

According to the provisions of Article 133 of the Criminal Law, there are three different levels of punishment for traffic accidents:

Whoever commits a traffic accident 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.

major malfunction

1. Whoever violates the traffic and transportation management regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The so-called "major accident" here refers to any of the following circumstances according to Article 2, Paragraph 1 of the Interpretation:

(1) Causing one person to die or more than three people to be seriously injured, and taking full or main responsibility for the accident;

(2) Causing more than 3 deaths and taking equal responsibility for the accident;

(3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident and being unable to pay compensation of more than 300,000 yuan.

Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes more than one person to be seriously injured and bears all or the main responsibility for the accident, he shall be convicted and punished for the crime of traffic accident under any 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) serious overload driving;

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

Other particularly bad situations.

Other particularly bad circumstances refer to any of the following circumstances:

(1) If two or more people are killed or five or more people are seriously injured, they shall be fully or mainly responsible for the accident;

(2) more than 6 people were killed and were equally responsible 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.