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How to punish the battery car for hitting someone and escaping?
1. If the battery car collides with someone and escapes, and the circumstances are minor and do not constitute a crime, the traffic management department of the public security organ shall impose a fine of more than 200 yuan but less than 2,000 yuan, or may be detained for less than 15 days;
2. If a battery car crashes into a person and escapes, causing serious injury or death or causing heavy losses to public or private property, and bears the main responsibility, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Constitutive elements of traffic accident crime;
1, the object of traffic accident crime is the protected major traffic safety. Because only those who cause traffic accidents and cause great consequences constitute the crime of traffic accidents. If it is only a traffic accident, it does not cause significant consequences, it does not constitute a traffic accident crime, nor is it a protected social relationship, and it cannot constitute the object of the traffic accident crime;
2. The objective aspect of the crime of causing traffic accidents is that the perpetrator violates traffic management laws and regulations, causing serious injuries, deaths or heavy losses to public and private property;
3. The subject of traffic accident crime is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility. In fact, people are mainly engaged in transportation. /kloc-people under 0/6 years old and/kloc-people over 0/4 years old drive motor vehicles, causing major accidents, whether the crime of traffic accidents is established;
4. The subjective aspect of traffic accident crime is negligence. Neglect and overconfidence are both valid. The negligence emphasized by the traffic accident crime refers to the psychological attitude of the actor towards the serious consequences of the accident. As for the duty of care in violation of traffic management regulations, it can be either knowingly committed or negligent, which does not affect the establishment of the traffic accident crime. If the perpetrator subjectively holds a deliberate psychological attitude towards the serious consequences caused by his behavior, then the behavior should be punished with related crimes such as intentional injury and intentional homicide, which does not constitute a traffic accident crime.
The general compensation items for electric vehicle collision can be determined in combination with the following situations:
1. If the injured person was injured in a traffic accident but did not reach the disability level, there are seven items that the injured person can claim: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses;
2. In addition to the expenses mentioned in Article 1, you can also claim the following compensation items (6 items): disability compensation, disability assistive devices, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment;
3. If the victim dies, the compensation obligor shall compensate the following six expenses in addition to the relevant expenses according to the rescue and treatment situation: funeral expenses, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses and lost time expenses of the victim's relatives due to work.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC).
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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.
Article 133- 1
Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 133 bis
Crime of Obstructing Safe Driving Whoever uses violence or robs the driver of a running public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also, or shall only, be fined.
If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 1 179 of the Civil Code of People's Republic of China (PRC).
Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
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