What if something happens at home and four people are killed by drunk driving?

According to the criminal law, drunk driving caused four deaths.

Article 133 Whoever is convicted and punished for traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

the Supreme People's Court

Interpretation of some problems about the specific application of law in the trial of traffic accident criminal cases

(the Supreme People's Court Judicial Committee adopted Interpretation [2000] No.33 at its136th meeting on 10, 2000).

In order to punish traffic accident-causing criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of traffic accident-causing criminal cases are explained as follows:

Rule number one. Personnel engaged in transportation or non-transportation who violate traffic rules and have 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 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.

Extended data

case analysis

The former public prosecution agency Huaiyuan County People's Procuratorate.

Appellant (defendant in incidental civil action in the original trial): Automobile Team of Yanling County Transportation Bureau, Henan Province.

The legal representative is Cheng Shunli.

Agent ad litem Wang Yongli, male, born on10.3, 1970, Han nationality, from Yanling County, Henan Province, is the vice captain of the team and lives in Dongjie Street, Yanling County, Henan Province.

Fu Yu, plaintiff in the incidental civil action of the original trial, was born on October 30th, 2003, changge city, Henan Province, Han nationality, living in Chang 'an Road, Dazhou Town, changge city, and was the daughter of the deceased Fu Junjie.

Legal Representative: Zhang Yanhua, female, born on10.5, 1977 165438, a native of changge city, Henan Province, Han nationality, college degree, teacher, with the same address, is Fu Yu's mother.

The basic situation of plaintiff Zhang Yanhua in the incidental civil action in the original trial is the same as above. She is the wife of the late Fu Junjie.

Plaintiff Fu Guangrong, male, 1945, native of changge city, Henan Province, Han nationality, farmer, living at No.42 Renmin Road, Heshangqiao Town, changge city City, Henan Province, is the father of the deceased Fu Junjie.

Chen Meilian, the plaintiff in the incidental civil action of the original trial, was born on September 8, 1950, a native of changge city, Henan Province, Han nationality, a farmer with the same address, and was the mother of the deceased Fu Junjie.

Plaintiff Li Houde, male, born on 5th of 1949 1 month, Han nationality, from Zhuanghe County, Liaoning Province, employee, living at No.223-4 Shengli Street, Baiyin District, Gansu Province, is the father of the deceased Li Haitao.

Plaintiff Wang Shuzhen, female, born on February 27th, 1950, Han nationality, from Hebei Province, unemployed, with the same address, is the mother of the deceased Li Haitao.

Defendant Chang Youliang in the original trial, male,1born on February 26th, 974, Han nationality, from Yanling County, Henan Province, junior high school education, driver, living in Houying Village, Dama Township, Yanling County, Henan Province.

On June 3, 2003, 365438+1October 3/KLOC-0 was administratively detained by Huaiyuan County Public Security Bureau 15, and was criminally detained on June 165438+ 10/0 of the same year. He was arrested on June 14 of that month and executed on the same day. Now detained in Huaiyuan County Detention Center.

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