Anyone who drives a motor vehicle without obtaining a motor vehicle driving license, whose motor vehicle driving license is revoked or whose motor vehicle driving license is temporarily withheld shall be fined between 200 yuan and 2,000 yuan, and may also be detained for less than 15 days. Driving without a license seriously hit someone, which constitutes a traffic accident crime. Generally speaking, if the circumstances are not aggravated, the sentence should be less than three years. If there are aggravating circumstances, it shall be punished according to law.
Penalties in driving without a license:
1. If a driver of a motor vehicle gives his motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily withheld, his motor vehicle driver's license shall be detained and may be revoked concurrently;
2. Driving a motor vehicle without obtaining a motor vehicle driver's license, when the motor vehicle driver's license is revoked or withheld, or driving a motor vehicle by a person who has not obtained a motor vehicle driver's license, when the motor vehicle driver's license is revoked or withheld, the traffic management department of the public security organ shall impose a fine of more than 2,000 yuan from 200 yuan, and may also impose a penalty of detention 15 days;
3. Those who don't carry the motor vehicle driver's license with them, no matter whether the driver violates the law during driving, are not allowed to continue driving the vehicle. The traffic administrative department of the public security organ shall detain the motor vehicle and notify the driver to provide the driver's license.
Driving without a license and driving without a license:
1, no driver's license;
2. Illegally obtaining a driver's license without examination;
3. The driver's license is cancelled or revoked;
4, do not meet the driving conditions (age and health), illegally obtained a driver's license;
5. The driver's license has expired;
6. The driver's license was temporarily suspended;
7. Driving a civil motor vehicle with a driver's license of the army or armed police force;
8. Driving in China with an overseas motor vehicle driving license;
9. Driving a vehicle exceeding the maximum permitted driving type;
10, I don't have my driver's license with me.
To sum up, those who drive a motor vehicle without a motor vehicle driver's license, whose motor vehicle driver's license is revoked or whose motor vehicle driver's license is temporarily withheld shall be fined from 200 yuan to 2,000 yuan, and may also be detained for less than 15 days. Driving without a license seriously hit someone, which constitutes a traffic accident crime. Generally speaking, if the circumstances are not aggravated, the sentence should be less than three years. If there are aggravating circumstances, it shall be punished according to law.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC)
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or 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 99 of the Road Traffic Safety Law of the People's Republic of China
In one of the following acts, the traffic administrative department of the public security organ shall impose a fine of two hundred yuan or more and two thousand yuan or less:
(a) driving a motor vehicle without obtaining a motor vehicle driving license, and the motor vehicle driving license is revoked or temporarily detained;
(two) the motor vehicle is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld;
(3) causing escape after a traffic accident, which does not constitute a crime;
(four) the speed of motor vehicles exceeds fifty percent;
(5) Forcing a motor vehicle driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety and the requirements for safe driving of motor vehicles, thus causing a traffic accident, which does not constitute a crime;
(six) in violation of traffic control regulations, forced passage, do not listen to dissuasion;
(7) intentionally damaging, moving or altering traffic facilities, causing harmful consequences, which does not constitute a crime;
(eight) illegal interception and detention of motor vehicles, do not listen to dissuasion, resulting in serious traffic jams or large property losses.
The motor vehicle driver's license may also be revoked if the actor is under any of the circumstances mentioned in Items (2) and (4) of the preceding paragraph; In case of any of the first, third, fifth to eighth cases, the person may be detained for not more than fifteen days.