On June 265438+1October 2 1 day, 2009, a two-wheeled motorcycle and a car driven by Wang had a minor accident on National Highway 3 10, and the two sides called more than ten friends to the scene of the accident for consultation. 1 hour later, the drunk driving BMW collided with Wang's car parked in the overtaking lane and the on-site personnel, causing 6 people, including 6 people, to die on the spot and 7 people injured. After the accident, Wang Weibin abandoned the car and left the scene. At 2 am on the 22nd, Wang Weibin surrendered himself to the accident handling brigade of Sanmenxia Public Security Traffic Police Detachment.

Case study:

1. 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: (1) 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. In this case, Wang Weibin drunk driving a motor vehicle, causing 6 deaths and 7 injuries, which was a traffic accident crime.

2. According to Article 133 of the Criminal Law, those who commit traffic accidents 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.

3. Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that traffic accidents belong to "other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;

(two) accidents in which more than six people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan.

4. Wang Weibin surrendered himself after the hit-and-run and truthfully confessed his crime, which should be considered as surrender. However, according to the law, the heavier legal punishment shall prevail, and whether or not to punish leniently and the range of lenient punishment shall be decided according to the situation.