How to sentence someone for driving and killing them? What if the other party violates the traffic rules first?
2. The other party violates the traffic rules first, and communicates with the traffic police to see if mediation is possible. If your vehicle is insured, there is basically no need to worry about compensation. Wait for the police to identify the traffic accident and demand compensation according to the results.
According to Article 76 of the Road Traffic Safety Law, the accident meets the conditions for judging that the motor vehicle is not at fault. If the amount of compensation exceeds the amount of compulsory insurance, the driver shall bear no more than 10%, and the specific proportion shall be determined by the traffic police according to the on-site situation.
If you don't violate the traffic rules, the other party does. If you don't violate the rules, you are not responsible.
However, for accidents between motor vehicles and pedestrians and non-motor vehicles, even if motor vehicles are not responsible, they should compensate pedestrians and non-motor vehicles 10% of the losses.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who violates traffic rules, thus causing a major traffic accident, causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever, as stipulated in Article 133 of the Criminal Law, violates traffic regulations and causes a serious accident, resulting in serious injury or 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.
1. Whoever commits a traffic accident in any of the following circumstances 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.
Two, traffic accidents caused more than one serious injury, bear all or the main responsibility for the accident, and has one of the following circumstances, convicted and punished for traffic accidents:
(a) 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 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.
Three, the traffic accident has one of the following circumstances, which belongs to "other particularly bad circumstances" and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(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 600,000 yuan.
Generally, the driver who killed someone by driving is convicted and punished for the crime of causing traffic accidents, but when sentencing the perpetrator, the actual damage caused and the responsibility of the perpetrator in this accident need to be considered. If it is serious, it can be sentenced to seven years in prison.