Can a vehicle drive away from a slight scratch?The new regulation is clear: constitute traffic hit-and-run legally bear responsibility

2022-06-11 0 By

This article is from: Beijing Daily client driving a slight scratch, the parties think it is only a slight contact between vehicles, did not cause losses, did not negotiate with the other side of the driver, drive away by themselves, but the public security traffic control department thinks it is a traffic accident after escape behavior, penalty, score.The litigant thinks this is to make a mountain out of a molehill, excessive law enforcement, unfair punishment, Sue to revoke the punishment decision.Just as the “road traffic safety illegal behavior score management measures” from April 1, the reporter learned from the Beijing intermediate people’s Court, the court closed the case of traffic administrative punishment dispute.Eventually, Wang mou was identified as a traffic hit-and-run, should be fined processing, record deduction 12 points.The incident in October last year, Wang and Li meet the car, both sides of the car scratch.Wang drove away from the scene, Li then drove after.When waiting for the traffic light at the intersection, Li got out of the car to wang’s car and negotiated with Wang about the handling of the accident, but Wang drove away again.After that, Li called the police.Public security hand in tube branch thinks, wang mou’s behavior constitutes traffic after hit-and-run, reason undertakes fine processing to Wang Mou, record buckles 12 minutes.Wang mou refuses to accept, Sue request to withdraw punishment.The court of first instance held that after a motor vehicle accident, the parties should first fix the evidence. If the legal conditions such as clear facts are met, the parties can first leave the scene and then negotiate the settlement.The two sides of the case after the vehicle collision, Wang did not immediately stop to check, but drive away, and in The li mou catch up to clearly inform the two car collision, Wang still did not get off to check, and drive away again.Wang’s behavior belongs to the behavior of escaping after a traffic accident, and the punishment made by the public security traffic control department has factual basis and legal basis.Reason court judgment rejects Wang mou lawsuit request.Wang mou appeal, advocate two car mirror slight contact, did not cause a loss, in the other side did not ask to pull over, also did not report to the police, he drove away, is not escape.Beijing mobile service trial think, according to article seventy of the law on road traffic safety in China, the “regulation on the implementation of road traffic safety law” the eighty-sixth, the road traffic accident treatment procedures provisions of article one hundred and twelve of the first rules, on the road, not or personal injury caused by traffic accident shall be handled damages parking negotiation, such negotiations fail,Should alarm processing.If a person leaves without consultation on damages due to disputes over the facts and causes of the traffic accident, he/she shall bear corresponding legal liabilities according to the law as a traffic hit-and-run act as mentioned above.After driving a traffic accident, Wang did not immediately stop to view, did not alarm, leave the scene;After li mou drives to catch up, its still did not get off to view, did not report to the police and drive away again.This is an act of escape after causing a traffic accident referred to in the preceding provisions.Finally, the court made the above judgment.The judge suggested that leaving the scene after a traffic accident belongs to the act of hit-and-run.If they commit a crime, they will be held criminally responsible and face up to seven years in prison.If they do not commit a crime, they will be held responsible for administrative violations and face a fine of between 200 yuan and 2,000 yuan, detention for up to 15 days and deduction of points.The Ministry of Public Security issued a new “road traffic safety violations scorecard management method”, to escape after traffic offense behavior, before the “provisions on motor vehicle driving license application and use of the” annex 4 scoring points on the road traffic safety violations of all written down 12 points, to distinguish the seriousness, 6 points and 12 points.The new rules come into effect this month.Once a traffic accident occurs in daily driving, the driver should stop immediately and deal with it according to the situation of the traffic accident: If personal casualties are caused, the injured should be rescued immediately and alarm processing;If there is no personal injury or death, the driver should negotiate with the other party to deal with the compensation for damage. If there is any dispute over the facts and causes of the accident, or the compensation for damage cannot be negotiated, the driver should not leave by himself, but should report to the police.Just because you can’t leave without permission doesn’t mean you can stay in the road for a long time.Unless there are personal injuries, serious damage to the vehicle and other circumstances that cannot be moved, the driver should mark the location of the vehicle, take photos to fix the evidence, and then move the vehicle to a safe area for negotiation.