Road accidents while intoxicated: responsibility, punishment, step-by-step instructions on what to do in case of an accident and nuances

Drivers who violate established rules while driving personal and public transport are subject to administrative liability. According to statistics, in most cases the cause of accidents on the roads is a person driving while intoxicated. The consequences of such misconduct are often severe, including the death of passengers and pedestrians. In such situations, the punishment for road accidents while intoxicated is toughened, and criminal sanctions are provided.

Normative base

Legislation	defining	punishment for drunk driving
195	Federal Law of the Code of Administrative Offenses, dated December 30, 2001	Establishes measures for primary traffic violations
1090	Government Decree	Defines the text of traffic rules
63	Federal Law of the Criminal Code, dated June 13, 1996	Establishes punishment for secondary drunk driving In part of Art. 264, 264.1 defines liability for deaths in the event of an accident
196	Federal Law on road safety, dated December 10, 1995	Prescribes the procedure for surrendering a certificate after its deprivation
664	Order of the Ministry of Internal Affairs that dated August 23, 2017	Predetermines the procedure for recording a violation
344-n	Order of the Ministry of Health that dated June 15, 2015	Introduces criteria for determining whether an inspector is intoxicated

Depending on the situation in the event of an accident caused by an irresponsible driver, other individual provisions of regulatory legal acts may be taken into account. Their use is justified in aggravating circumstances and other significant factors.

Responsibility under the Code of Administrative Offenses

Based on Art. 12.8.1 of the Code of Administrative Offenses of the Russian Federation for driving a vehicle, a driver who is in a tipsy state is responsible. The current law predetermines a cumulative punishment that combines several measures at once. This is a fine and deprivation of special driving rights. The period of driving restriction is 1.5-2 years. The amount of the fine for violation under Art. 12.8.1 – 30,000 rubles, without the possibility of receiving a 50% discount for timely payment.

Attention!
The refusal of a driver, whose condition is suspicious to the inspector, to undergo an examination is an act that entails the same responsibility as a proven violation.

Punishment under the Criminal Code

The Criminal Code determines the punishment for those violators who are stopped for a repeated similar violation. In the same way as recording alcohol (drug) drunkenness and refusing the appropriate test for the presence of prohibited components in the blood, is punishable by Art. 264-1 CC. According to this law, the fine reaches 50 thousand, and imprisonment extends for 3 years.

Aggravating circumstances, including causing damage to the property and health of other road users, lead to an increase in the fine to 200-300 rubles (to establish the optimal rate, the income level of the offender must be considered). An additional term of imprisonment of up to 2 years may be used.

For reference!
A secondary violation is a misdemeanor recorded within 1 year from the date of return of the license after the first prohibited driving.

The criminal component, in the form of harm to health, threat to life, presupposes the onset of punishment under Art. 264 CC. Federal Law No. 63 as amended on June 13, 1996 will help to correctly interpret the provisions of this article.

When a driver is considered drunk

The presence of a certain percentage of alcohol in the air and blood of a person is a common phenomenon. And it does not always provoke intoxication. The presence of a small amount of alcohol can be observed when consuming kvass, kefir, alcohol-based medications or sweets with liqueur. There are acceptable standards and there are prohibited ones.

The list of aggravations and mitigating circumstances is determined by Article 63 of the Criminal Code.

Alcohol intoxication is considered to be the detection during a medical examination of 0.35 ppm of alcohol in the blood or 0.16 ppm in the air. If the driver refuses to undergo the test, then he automatically admits guilt.

The presence of alcohol in the human body can be determined by a special tester. The driver who is involved in the inspection has the right to request a certificate of serviceability of the device. You can invite him to the procedure if you detect some visual signs of intoxication. These include:

incoherent, slurred speech;
unsteady gait;
looking out of focus;
smell of alcohol from the mouth;
redness of the skin.

Attention!
The examination is carried out by an inspector who observes indirect signs of alcohol intoxication. The procedure can be carried out only with the consent of the driver, with the involvement of two witnesses.

Step-by-step instructions for action in case of an accident

Any accident requires the right approach. Compliance with legal requirements will avoid additional liability. For hiding from the scene of an accident or failure to provide medical assistance to the victims, the punishment is more severe than the admitted guilt for the accident.

Standard emergency procedures:

Stopping a vehicle.
Providing assistance, including calling an ambulance, if there are victims.
Activation of an alarm signal.
Marking the location of the collision with a special sign.
Calling representatives of the traffic police representatives.
Collecting witness statements and waiting for the inspectors to arrive.

Attention!
Rearranging the vehicle, moving car debris and other objects related to the collision is prohibited.

You definitely shouldn’t leave the scene of a collision in order to sober up. It will not be possible to minimize the consequences in this way. As practice shows, both the fault and the emergency cause are quickly established. As a result, the punishment can only be increased.

justice pro...

If a driver commits an accident while intoxicated, he is subject to appropriate punishment. But those involved in the accident, especially the victim, may be interested in whether compulsory motor liability insurance pays if the culprit is drunk. We will answer this question and also find out what to do if you are involved in an accident with a drunk driver, including in cases where the drunk culprit of the accident did not have insurance or fled the scene of the accident. Are CASCO payments due if you were driving drunk?

What to do if the culprit of an accident is drunk?

The victim needs to register an accident by calling the traffic police. This should be done in cases established by traffic regulations, as well as to facilitate compensation for damage caused by the culprit while intoxicated, no matter - through the insurance company or directly from the culprit of the accident (if, for example, he is without insurance). Without registering an accident, it is not recommended that traffic police officers accept receipts from a drunken culprit in an accident, in which he undertakes to compensate for the damage, because he may try to invalidate them and it will be difficult to obtain compensation for the harm caused.

How to prove that the person responsible for the accident was drunk?

If a victim in an accident has suspicions about the sobriety of the person responsible for the accident, or there are signs of alcohol intoxication, it is necessary to invite the traffic police inspector to conduct an examination.

If an examination is carried out (the culprit does not refuse it), then request a copy of the protocol, as well as contact details of witnesses.

You can also make a video of the drunk person responsible for the accident to prove his intoxication.

If the culprit of an accident is drunk, will compulsory motor liability insurance pay out?

Let us turn to the Law on Compulsory Motor Liability Insurance.

According to paragraph 25 of Art. 12 of the Law on Compulsory Motor Liability Insurance “the cases provided for in paragraphs 1 and 2 of Article 14 of this Federal Law cannot be a basis for the insurer to refuse insurance compensation or to delay its implementation.” In paragraph 1 of Art. 14 of the Law on Compulsory Motor Liability Insurance states that if harm was caused by a person while driving a vehicle while intoxicated (drug or other), then the insurer who provided the insurance compensation transfers the right of claim of the victim to the person who caused the harm in the amount of the insurance indemnity paid to the victim. compensation."

Thus, the question “does compulsory motor insurance pay if the culprit is drunk” can be answered in the affirmative - the victim will receive compensation - the insurance company cannot refuse payment under the insurance on the basis that the driver committed an accident while drunk (this is an insured event).

It should be noted that the insurance company will pay for the damage if the drunk culprit of the accident has an MTPL policy (even if the culprit is not included in the policy). The absence of a compulsory motor liability insurance policy for the victim or the fact that the victim is not included in it does not affect the possibility of payment under compulsory motor liability insurance.

Will insurance pay if the victim was drunk?

In the event that the driver was drunk, but was not to blame for the accident, then compulsory motor liability insurance works in the same way - the injured party has the right to receive compensation from the insurance company; the law on compulsory motor liability insurance does not contain any grounds for refusing payment.

If the culprit is drunk, whether or not the victim receives insurance compensation depends on whether the culprit of the accident has a valid MTPL policy

Recovery from a drunken culprit of an accident by way of recourse

As already stated above, in the event of an accident with a drunk driver, payment under compulsory motor liability insurance is made, while the insurance company that compensated the damage to the victim has the right to demand that the culprit of the accident compensate for his losses if he committed the accident while intoxicated (clause 1 of Art. 14 of the Law on Compulsory Motor Liability Insurance).

At the same time, even if the person at fault for the accident refused to be examined, the insurance company’s right to recover damages through recourse is retained. Paragraph 72 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2021 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners” states: “It is presumed that harm was caused by a person in a state of intoxication if such a person refused to pass medical examination for intoxication." See also the Decision of the Proletarsky District Court of Tver dated May 17, 2021 in case No. 2-487/2018. Thus, the consequence of an accident with a drunk driver, if he is at fault, will be to present him with recourse claims from the insurance company and, of course, to repair his car at his own expense.

The culprit of the accident is drunk and without insurance

If a drunken culprit of an accident does not have insurance (for example, when the insurance period has expired), the victim will not receive payments under compulsory motor liability insurance - the culprit of the accident will have to demand compensation for damage. If this does not happen at the scene of the accident, then the victim may be able to obtain compensation in pre-trial proceedings or recover damages through the court.

So, the traffic police have identified the culprit of the accident. Next, the victim needs to organize an examination, which will determine the amount of damage. If the person at fault for the accident pays for the damage, the victim draws up a receipt for the money. It is possible to draw up an agreement on damages. If the person responsible for the accident refuses to pay, then you can make a pre-trial claim or immediately file a lawsuit. The victim may demand compensation for damages from the culprit of the accident in the amount of the cost of restoration repairs without taking into account wear and tear, in some cases the vehicle, as well as compensation for damage in the event of complete loss of the car.

The drunken culprit of the accident fled the scene

If the culprit of an accident is drunk, then in order to avoid punishment he can leave the scene of the accident, i.e. Leaving the scene of an accident while drunk is a common occurrence. The remaining participant in the accident must register the accident by calling the traffic police, and be sure to inform them that the alleged culprit of the accident who escaped had signs of intoxication. Witnesses of the accident can help in the search and determine guilt, from whom it is necessary to obtain contact information.

If the escaped drunken culprit of the accident can be found, and if he is found guilty, then the procedure for compensation for damage will be determined by whether he has compulsory motor liability insurance or not.

Road accidents caused by drunk drivers and European protocol

The law on compulsory motor liability insurance does not establish a restriction on registering an accident by drawing up a European protocol (i.e. without the participation of traffic police officers) if the participant in the accident is drunk. But to receive compensation for an accident registered under the European protocol, other conditions must be met, therefore, to increase the chances of an insurance payment, it is recommended to call the traffic police.

Will CASCO insurance be paid if the driver is drunk?

Above, answers were given to questions related to the payment of insurance compensation under compulsory motor third party liability insurance. Let's find out whether CASCO insurance will pay if a drunk driver was driving (whether included in the CASCO policy or not).

The rules of voluntary insurance will most likely indicate that payment will be made if damage was caused to an insured vehicle driven by persons who were not intoxicated.

A driver who was drunk at the time of an accident can sue the insurance company to obtain compensation under CASCO. Judicial practice is not as clear-cut as it might seem at first glance. In some cases, courts, in order to establish the legality of the insurance company’s refusal to pay, establish the existence of a cause-and-effect relationship between the insured’s state of intoxication and the event that occurred. Courts may also recognize the insurance rules in the part that provides for the exemption of the insurance company from paying insurance compensation under CASCO if the accident occurred due to the fault of a drunk driver, as void, as contrary to the provisions of the Civil Code of the Russian Federation.

According to paragraph 50 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 20 “On the application by courts of legislation on voluntary insurance of property of citizens”, “the commission of a traffic accident as a result of driving a vehicle while intoxicated in violation of the first paragraph of paragraph 2.7 of the Rules road traffic, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 No. 1090, by virtue of paragraph 1 of Article 963 of the Civil Code of the Russian Federation, is the basis for releasing the insurer from fulfilling its obligations to pay insurance compensation for the risk of “damage from an accident.”

If you have problems receiving insurance compensation, you can contact the specialists of this project for legal advice. Assistance will be provided by project participants and partners - practicing lawyers with extensive experience in this area of legal relations.

Driving while intoxicated is a gross violation of traffic rules. Accidents caused by drunk drivers often have serious consequences. The article discussed the nuances of receiving insurance compensation. Did you find out whether compulsory motor liability insurance pays if the culprit is drunk? An accident with a drunk driver is not grounds for denial of insurance benefits.

Posted by:

Ralenko Anton Andreevich

Moscow 2019

Is it possible to draw up a Europrotocol?

In case of an accident involving a drunk driver, the involvement of traffic police inspectors is required. In some cases, when the parties do not have obvious claims against each other, it is possible to draw up a Europrotocol. You can get by with a simplified procedure for registering an accident if the following conditions are met:

Damage is not higher than the maximum threshold.
The presence of only material damage.
No more than two participants in the accident.
There is no disagreement regarding the cause or circumstances of the incident.
Each party has a valid MTPL policy in hand.

Important!
In 2021, the amount of compensation for material damage under the European protocol is 100,000 rubles. Bonus for representatives of Moscow, Moscow Region, St. Petersburg and Leningrad Region - unlimited protocol. Within its framework, a refund of an amount up to 400,000 rubles is possible.

Subject to the above conditions, even a drunk participant can become a party to the European protocol. Often the injured person agrees to registration without the presence of inspectors in exchange for monetary compensation. But if there are complaints or unresolved issues, you should not take risks. It's better to call the traffic police.

Is it possible to issue a European protocol in case of an accident involving a drunk driver?

To issue a European protocol in the event of an accident, the situation must meet the following criteria:

only two vehicles were involved in the accident;
each party has valid MTPL insurance;
there are no victims or wounded;
damage was caused only to the property of those involved in the accident;
the parties have no claims against each other regarding the circumstances of the accident;
the damage does not exceed the established amount.

If all conditions are met, then it is not considered important whether the culprit of the accident is drunk or not. But an agreement on this must be reached with the other participant in the incident.

Many people do not agree to a settlement because they understand that in this case the drunk driver will be punished more severely. Therefore, they demand large amounts of compensation from him.

Responsibility and punishment

If a drunk driver is involved in an accident, he needs to ensure that a lawyer is involved in the case. Drunk driving alone is already a misdemeanor with deprivation of rights. Liability measures may vary depending on the consequences of the accident.

Depending on the consequences, the following applies to the participant:

civil liability measures;
administrative punishment;
criminal liability.

There are no negative consequences - just finding a driver in an inappropriate condition behind the wheel can result in a fine and deprivation of his license. Moreover, the measure applies both to the owner who voluntarily transferred control to a drunk person, and to the actual manager.

Types of responsibility:

With minor harm. In a standard situation, minor harm does not entail global consequences. The culprit of the accident manages to get by with a fine. If these are the consequences of drunk driving, then damages may be recovered from the offender in court.
Medium damage. Such consequences threaten an inadequate driver with a maximum period of deprivation of rights (2 years) and reimbursement of expenses for treatment and rehabilitation of injured participants.
Serious harm to health. Such a consequence entails criminal liability. The maximum measure is arrest. But more often, fines and correctional labor are used as punishment.
Aggravating circumstances:

detection of exceeding the permissible alcohol limit;
hiding from the scene of a collision;
the presence of two or three persons affected by an accident;
voluntary handing over of the steering wheel to a drunk driver;
failure to provide assistance to injured participants.

Fatal accidents:

In case of death of one person - prison, term from 5 to 12 years.
Death of 2 or more people – imprisonment, 8-15 years.

Punishment for drunk driving accidents with victims

I got into an accident while drunk, what are the consequences? If we talk about criminal liability, then the degree of bodily injury is taken as the basis for the driver.

If, according to the (official) medical reports, they are mild, then administrative liability will follow.

It consists in the fact that punishment is applied within the limits of a fine of up to 5 thousand rubles, or in the form of deprivation of rights for one year or one and a half.

When a fatal drunk driving accident occurs, then we are talking about criminal liability.

It consists of a court-appointed imprisonment ranging from 5 to 12 years (Part 4 of Article 264 of the Criminal Code of the Russian Federation).

I committed an accident while drunk, what is the punishment for two deaths?

If a fatal accident while intoxicated resulted in the death of two or more people, then the culprit may be sentenced to imprisonment for a term of 8 to 15 years (Part 6 of Article 264 of the Criminal Code of the Russian Federation).

For an accident while drunk, punishment in 2021 also includes compensation for material and moral losses (in addition to criminal liability).

And when a criminal case is opened regarding the accident, both the victim himself and his relatives can file claims against the culprit.

In this case, a civil claim is filed in the name of the investigation or court, which is attached to all materials in the criminal case. Then his fate is decided in the final verdict of the court.

Road accident with casualties

The presence of persons injured in an accident is accompanied by the appointment of strict measures to a drunk driver. In this case, deprivation of the right to drive alone will not do. If one victim is identified in the process, then it is often possible to limit the case to forced labor. The presence of several persons whose health has been damaged at once can result in a real prison sentence.

Important!
Compensation for treatment, and, if necessary, for moral damages, is the direct responsibility of the drunk participant in an accident. A prerequisite for his guilt must be proven.

If there is a threat of a prison sentence, it would be better for the culprit of the accident to admit guilt and reimburse the costs of treatment and rehabilitation. These and other actions make it possible to establish the fact of consciousness, and at the same time change the term to a suspended period.

Are insurance payments provided?

A common myth: if the culprit of the accident is a drunk driver, the MTPL insurance company will not compensate for the damage caused by its “drunk” client to the injured party.

In fact, this myth has nothing to do with reality. In fact, the injured party receives from the insurance company of the person responsible for the accident material compensation for the material and moral damage caused, regardless of whether it was under the influence of alcohol or drugs or not.

However, if you find yourself the injured party in an accident with a drunk driver, you should not count on any “extra payments” or additional financial compensation from the insurance company. You will be able to receive exactly as much as is provided for in this insurance case.

Read about why the MTPL insurance company is delaying payments here. Conclusion: Regardless of whether the culprit of the accident was drunk or not, payment of insurance compensation for material and moral damage caused to the injured party is carried out in the general manner, in accordance with the rules prescribed in the MTPL insurance contract.

Read about the compensation procedure here.

Road accident without injuries

If no one was injured as a result of drunk driving, the driver will be punished. Primary control in such a state of intoxication is an administrative responsibility. A secondary similar violation is criminal liability.

Points that must be included in the protocol and that will affect the punishment:

visible damage to the vehicle;
measurements on the road;
road accident diagram;
eyewitness testimony;
explanations of the participants in the incident.

In an accident without injuries, much depends on who was driving the car, the owner or the driver. If a manager took possession of a vehicle illegally (hijacking) or during working hours drove a company car in poor condition, then the measures will be strict. Along with the restoration of the car of the second participant, you will have to compensate for the damage caused to the company or the private owner of the car. And if you crash into a bus stop or building, you will have to pay for their restoration.

Road accident while intoxicated without injuries

Even if no one was injured in the accident, the drunk driver will still be punished. To obtain a clear picture and clarify all the circumstances of the accident, which ultimately will significantly affect the final punishment, the traffic police officer enters into the protocol:

measurement results;
damage;
witness statements;
explanatory notes from participants;
road accident diagram.

Much depends on whether damage was caused to third parties - someone else's vehicle or store property was damaged. In this case, the culprit is additionally required to reimburse the costs of their restoration.

Fatal traffic accident

For a fatal outcome after an accident due to drunk driving, there will be imprisonment (7-12 years). Several victims - at least 8 years of imprisonment. This is along with deprivation of rights for 3 years. Instead of the maximum prison term, correctional labor (up to 5 years) may be prescribed along with restriction of freedom (from 4 years).

Important!
From July 1, 2015, if guilty of death as a result of an accident committed while drunk, the person responsible for the accident faces a restriction of liberty for 4-9 years. A minimum term of 4 years is already guaranteed as punishment. Before that period, the guilty person faced up to 5 years of correctional labor + a term set by the court at its discretion (there was no minimum threshold).

Aggravation and mitigating circumstances can significantly affect the punishment. Example: The result of inappropriate driving is the death of a pregnant woman/minor. Most likely, the maximum penalty will be requested. In this case, mitigation can be achieved if the culprit has dependents who need the support of a trustee.

If the driver fled the scene of the accident

Fleeing from the scene of an accident, regardless of the presence of victims, is an offense. Both the sober and drunk driver will be held responsible for it. In the first case, less serious consequences are expected. Without the burden of drunk driving, you can get by with deprivation of the right to drive a vehicle (1.5-2 years) or administrative arrest for up to 15 days.

The discovery of a dose of alcohol in the body of a driver who fled the scene of an accident above the norm, even if he drank alcohol after the incident, is already an admission of an accident while intoxicated.

CASCO insurance in case of an accident

The situation with car insurance under CASCO is not so rosy. If the driver who caused the accident turns out to be drunk during the proceedings, no compensation for damages will be made.

This clause is an exception and usually employees of insurance companies pay attention to it when signing the relevant agreement. However, in some situations this position is absent in the text of the agreement. Then, with some probability, you can count on receiving financial compensation. And yet, without the help of a lawyer, it will not be possible to achieve payments, so you will have to incur additional costs for the services of a specialist.

Will the insurance company pay for CASCO?

If the person at fault has a CASCO policy, he will not have to rely on the insurance company. In this case, no compensation will be paid to the other party from insurance reserves. All expenses will have to be covered from your own pocket.

For reference!
The CASCO agreement does not always contain a condition regarding the absence of payments in the event of an accident caused by a drunken policyholder. If such a clause is missing, then with the help of a professional lawyer you can obtain compensation for damage from the insurance company.

Does the insurer pay compensation under compulsory motor liability insurance if the culprit and the victim are drunk?

The situation in which the drivers of various vehicles were intoxicated somewhat complicates the situation. In this case, the insurer has the right to refuse payment, since the fault in the incident is mutual. In addition, the organization may refuse compensation for damage if the agreement provides for a similar possibility if the culprit is drunk.

If the person responsible for the incident was intoxicated, then the insurer may demand a reciprocal payment from him in the form of recourse.

The insurance company may assign this compensation in the following situations:

The crime was committed intentionally or the driver specifically violated traffic rules;
The driver is not included in the policy or is expired;
The offender left the scene
Documents for the vehicle whose validity has expired have been submitted for insurance compensation
Damage to health or death was intentionally caused to the victim
The person who was driving the car and caused the accident did not have the right to drive the car
The culprit in the accident did not provide the documents required by law
The victim in the accident did not submit the car for technical inspection for 10 days.

Typically, driving while intoxicated indicates intent to cause harm, because this is a gross violation of Russian law. In this case, the culprit is obliged to pay recourse to the insurance company.

Appeal against punishment

Each decision of the traffic police inspector can be challenged. An appeal must be made within 10 days from the date of the statement. A higher official will have to file a complaint; the second option is to file a lawsuit in court.

If the initial decision of the traffic police was canceled, you need to file a claim in court to recognize the other participant in the accident as responsible for the accident. The claim sets out one’s own position, vision of the situation regarding one’s own innocence and provides references to legislative norms with which one can confirm one’s innocence.

Is payment made under compulsory motor liability insurance if the culprit is drunk?

Russian legislation categorically prohibits a driver from driving a car while drunk, as this can cause an accident. The reason for intoxication does not matter. Violation of the ban entails serious liability, with alcohol intoxication being an aggravating circumstance.

And yet, if an accident occurs with a drunk driver, the insurer is not exempt from paying under compulsory motor liability insurance. This circumstance does not affect the need to make compensation and its amount. The insurer is not authorized to redirect payment to the insurer of the driver who violated the traffic rules.

Important! If the person at fault for the accident was intoxicated, the victim must be sure that this circumstance will not affect his interests.

When the culprit is drunk, compulsory motor liability insurance operates according to the general rules established by Federal Law No. 40, paragraph 1, article 14.1. The same procedure applies to deadlines. If the person at fault in the road vehicle does not have insurance, then, based on the Civil Code in Article 1064, he will be obliged to pay for the damage caused with his own money.

As you can see, in the absence of a car insurance policy, the person who caused it will compensate for the damage. In our case, it is the driver at fault. As a rule, to obtain compensation you will have to apply to a judicial authority. To avoid additional red tape and have documentary evidence of the amount of damage received, it is best to find out in advance the opinion of independent experts regarding the assessment of damage to the vehicle. This measure will eliminate delays and help obtain confirmation of the amount of losses.

conclusions

Drunk driving - detection of more than 0.16 ppm of alcohol in the air, and more than 0.35 ppm of alcohol in the driver’s blood. Refusal of a medical examination is an automatic admission of guilt. For a misdemeanor, depending on the consequences and frequency of violations, civil or administrative, as well as criminal liability occurs. The procedure for an accident involving a drunk participant is standard.

If there are no disagreements, a European protocol can be drawn up. Fixing a drunk driver will result in a fine of 30,000 rubles and deprivation of rights for 1.5-3 years. Causing harm to other participants in the incident - a fine and correctional labor. The presence of victims means imprisonment.