Will you go to jail for killing someone by driving?

1, driving and killing people, if it violates traffic regulations, it is subjectively a fault; If a traffic accident causes one person to die and bears all or the main responsibility for the accident, or causes three or more people to die and bear the same responsibility for the accident, or causes death due to escape, it constitutes a traffic accident crime and needs to be sentenced to fixed-term imprisonment. In this case, it needs to be sentenced to fixed-term imprisonment;

2. Whoever kills a person by driving will be sentenced to fixed-term imprisonment if there is intentional injury or intentional homicide in the process of carrying out the act, which constitutes the crime of intentional injury causing death or intentional homicide. In this case, he needs to go to jail;

3. Driving and killing a person, if there is subjective intention to endanger public safety in the process of implementing the act, constitutes a crime of endangering public safety by dangerous means and needs to be sentenced to fixed-term imprisonment. In this case, it needs to be imprisoned.

4. Killing someone by driving, if there is no such situation, it does not constitute a crime, and there is no need to be sentenced to punishment, that is, there is no need to go to jail. For example, although it caused damage objectively, it was not caused by intention or negligence, but by irresistible or unpredictable reasons, which was an accident and not a crime. Second, the legal basis:

Article 133rd 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.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases" Article 2:

Traffic accidents in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

(2) An accident in which three or more people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.