Hainan: a man was sentenced for driving an unlicensed vehicle + causing death + fleeing

2022-06-22 0 By

A man in Ledong, Hainan province, has been sentenced to three and a half years in prison for killing people in a traffic accident in order to save money on driving licenses and car licenses.Lin of Ledong Li Autonomous County did not obtain a driving license in accordance with the law, and the self-unloading tricycle at home did not apply for a license in accordance with the law.One day in October 2021, Lin drove his own self-unloading tricycle on the road.Lin driving a tricycle and a pickup truck meeting car, suddenly a motorcycle from the left side of the pickup truck jumped out to overtake, Lin dodged, tricycle and motorcycle head-on collision, motorcycle out of control and the same direction of the pickup truck collided again, the motorcycle driver died on the spot, Lin fled the scene.After checking, the driver of the pickup truck is Lin Xing, the driver of the motorcycle is Yang Mou Qian (dead).One person was killed and three vehicles were damaged to varying degrees.After the incident, Lin took the initiative to the public security organs to surrender, truthfully confessed their crimes, and has been to the bereaved family compensation 40,000 yuan funeral expenses.Ledong court sentenced Lin to three years and six months in prison.Analysis: 1. Lin driving an unlicensed motor vehicle without a license is an illegal act, but the severity is much less serious than the crime of hit-and-run.Whether a vehicle has a driving license or not makes no difference in determining the liability of a traffic accident.In this accident, the dead head on the accident caused by overtaking, Lin’s original responsibility is not very big, but his escape is a crime compounded.2. The Procedures for Handling Road Traffic Accidents stipulates that the traffic administrative department of the public security organ shall determine the liability of the party concerned according to the role of the party’s behavior in the occurrence of the road traffic accident and the severity of the fault.Look from this article, because there is no certificate, divide responsibility size.Article 99, Paragraph 1, Paragraph 1 of road Traffic Safety Law of the People’s Republic of China: Anyone who drives a motor vehicle without obtaining a motor vehicle driving license, whose motor vehicle driving license is revoked or whose motor vehicle driving license is temporarily seized shall be fined not less than 200 yuan but not more than 2,000 yuan and may be concurrently detained for not more than 15 days.4. “Road Traffic Safety Law implementation Regulations” article 92 provisions: after the occurrence of a traffic accident party escape, escape party assume full responsibility.However, if there is evidence to prove that the other party is at fault, the liability may be reduced.If a party intentionally destroys, falsifies a scene or destroys evidence, it shall bear all liabilities.According to Jin xi, there are many unlicensed three-wheeled motorcycles in the countryside, and the drivers do not have a driving license.This is a great traffic safety hidden danger, once a traffic accident occurs, the consequences will be very serious.