Traditional Culture Encyclopedia - Travel guide - What to do if you are caught racing by the traffic police
What to do if you are caught racing by the traffic police
1. How to deal with being caught by the traffic police for speed racing
1. How to deal with being caught by the traffic police for speed racing:
(1) Driving a motor vehicle to chase on the road Those who drive competitively will be fined 2,000 yuan and may also have their motor vehicle driving license revoked. They may not re-obtain a motor vehicle driving license within five years. If the circumstances are serious, it will constitute the crime of dangerous driving and be subject to a fine and criminal detention;
(2) If drag racing results in serious injury, death, or heavy loss of public or private property, it will also constitute the crime of traffic accident and will be punished by criminal detention or fixed-term imprisonment.
2. Legal basis: Article 133-1 of the "Criminal Law of the People's Republic of China"
The crime of dangerous driving is the following: Those who fall under any of the following circumstances shall be sentenced to criminal detention and fined:
(1) Pursuing and driving in a serious manner;
(2) Driving a motor vehicle while drunk;
(3) Engaging in the school bus business or passenger transportation, seriously exceeding the rated number of passengers, or driving seriously exceeding the prescribed speed;
(4) Transporting hazardous chemicals in violation of the safety management regulations for hazardous chemicals, Endangering public safety.
If the owner or manager of a motor vehicle is directly responsible for the acts in Items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.
2. What are the constituent elements of the crime of dangerous driving
1. Subjective aspect. The subjective aspect of the crime of dangerous driving is intentionality, that is, knowing that driving a motor vehicle drunk on the road and other behaviors endanger public safety and hoping or allowing this state to occur;
2. Objective aspect : Chasing and racing, the circumstances are egregious;
3. The subject aspect. The subject of the crime of dangerous driving is a general subject. That is, any natural person who is over 16 years old and has the capacity for criminal responsibility can constitute it;
4. Object aspect. Like the crime of traffic accidents, the object of the crime of dangerous driving is traffic safety.
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