(1) Crime of causing traffic accidents

(1) If it constitutes a traffic accident crime, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances and the degree of accident liability:

(1) If serious injury or death is caused to another person or heavy losses of public or private property are caused, the starting point for sentencing may be determined within the range of fixed-term imprisonment or criminal detention of not more than two years.

(2) The starting point of sentencing may be determined within the range of three to five years for those who flee after a traffic accident or have other particularly bad circumstances.

(3) Where a person dies as a result of escape, the starting point for sentencing may be set within a range of seven to ten years' imprisonment.

(2) On the basis of the starting point of sentencing, the amount of penalty may be increased in accordance with the responsibility for the accident, the number of serious injuries, the number of deaths or the amount of property losses, and other criminal facts that affect the composition of the crime, and the standard sentence may be determined.

(1) For each additional person with minor injuries, the sentence may be increased by one month to three months; For each additional person seriously injured, the sentence may be increased by three months to six months; Each additional death is punishable by an additional sentence of six months to one year; If the escape results in the death of a person, the sentence may be increased by one to three years for each additional person killed.

(2) Causing direct damage to public property or other people's property, the inability to compensate for each increase of 100,000 yuan, can increase the sentence of one month to four months.

(3) Other circumstances that may increase the amount of punishment.

(3) Under any of the following circumstances, the base sentence may be increased by less than 30% :

(1) Driving a motor vehicle after drinking or taking drugs;

(2) Driving motor vehicles without driving qualifications;

(3) knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety parts;

(4) knowingly driving a motor vehicle without a license plate or that has been scrapped;

(5) serious overload driving;

(6) Other circumstances under which heavier punishment may be imposed.

(4) If a traffic accident causes death or injury to his relatives, the baseline sentence may be reduced by less than 40%.

(5) Traffic crime, although does not constitute surrender, but actively rescue after the accident, can be reduced by less than 20% of the baseline sentence.

-- Implementing Rules of the Guangdong High People's Court on Sentencing Guidelines for Common Crimes (Guangdong High Law Development (2014) No. 14)

Iv. Sentencing of common crimes

(1) Crime of causing traffic accidents

(1) If it constitutes a traffic accident crime, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances:

(1) If serious injury or death is caused to another person or heavy losses of public or private property are caused, the starting point for sentencing may be determined within the range of fixed-term imprisonment or criminal detention of not more than two years.

(2) The starting point of sentencing may be determined within the range of three to five years for those who flee after a traffic accident or have other particularly bad circumstances.

(3) Where a person dies as a result of escape, the starting point for sentencing may be set within a range of seven to ten years' imprisonment.

(2) On the basis of the starting point of sentencing, the amount of penalty may be increased in accordance with the responsibility for the accident, the number of serious injuries, the number of deaths or the amount of property losses, and other criminal facts that affect the composition of the crime, and the standard sentence may be determined.

-- Sentencing Guidelines of the Supreme People's Court on Common Crimes (FAFA (2013) No. 14)

Article 2 Whoever causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) one person is killed or more than three people are seriously injured, and he is solely or primarily responsible for the accident;

(2) three or more deaths, bearing 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 compensate for the loss of 300,000 yuan or more.

If a traffic accident causes serious injury to more than one person, bears full or main responsibility for the accident, and has any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(1) Driving a motor vehicle after drinking alcohol or taking narcotic drugs;

(2) Driving motor vehicles without driving qualifications;

(3) knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety parts;

(4) knowingly driving a motor vehicle without a license plate or that has been scrapped;

(5) seriously overloaded driving;

(6) Fleeing the scene of the accident in order to avoid legal investigation.

Article 4 Where a traffic accident occurs under any of the following circumstances, it shall be classified as "other particularly egregious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

(1) two or more people are killed or five or more people are seriously injured, and bear the full or main responsibility for the accident;

(2) having six or more deaths and bearing 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 600,000 yuan or more.

Article 9 The higher people's court of a province, autonomous region or municipality directly under the Central Government may, according to the actual local situation, determine the starting amount standard for the implementation of subparagraph (3) of paragraph 1 of Article 2 and Subparagraph (3) of Article 4 of this interpretation within the range of 300,000 yuan to 600,000 yuan and 600,000 yuan to one million yuan, and report it to the Supreme People's Court for the record.