问题 问答题

根据我国《刑法》,对于史密斯有哪些法定和酌定量刑情节

答案

参考答案:史密斯撞人后不及时将被害人送往医院进行治疗,而是驾车逃逸,属于《刑法》第133条规定的特别恶劣情节,构成在该条规定的三个量刑幅度中选择较重的量刑幅度的法定情节。应当指出的是虽然根据我国《刑法》,醉酒并不构成量刑时的法定情节,但由于其在一定程度上可以作为判断犯罪人犯罪时主观过失和恶性程度大小的因素,故在量刑时仍然可以将此作为一个酌定情节考虑。

选择题
单项选择题

Every year New Zealanders living in London can be seen loading up Kombi vans and heading off to experience the "classic European holiday". The trip usually starts in the north of France, after crossing the channel from Dover in England to Calais, driving down through France, over the Pyrenees into Spain, west into Portugal and then across the Continent to Italy and often beyond.

There are numerous reasons young New Zealanders take this rite of passage—as well as seeing all the fantastic sights and tasting the delights of Europe’s food and wine, it’s relatively inexpensive. The Kombi is transport and accommodation all in one, cutting down significantly on costs.

There is just one problem. As the Kombis become "antique", these trips are usually punctuated with numerous roadside sessions as the van sits idle, in no hurry to start, while you swelter in the hot sun. But do not let this deter you. Travelling Europe in your own vehicle means no public transport schedules to cramp your style, the ability to explore the quaint, off-the- beaten-track villages where the "real" locals live, freedom to not have to book accommodation in advance—you can nearly always get a campsite and can load your vehicle with cheap, fantastic regional wines and souvenirs. With these bonuses in mind, here are some suggestions for planning the great Europe road adventure. The key to a pleasurable driving experience is a good navigator and a driver with a cool head. If you do not feel relaxed driving’ around New Zealand’s cities and highways, then you probably will not enjoy driving around Europe. As co-pilot to the driver, you need to read (and understand) maps, look out for turn-offs--and keep the music playing. Language is not a big problem once a few essential terms are mastered. The biggest challenge is in the cities, where traffic can be chaotic and elaborate one-way systems and narrow, cobbled alleyways can make finding your destination hard work. It can be easier to leave the vehicle on the outskirts of town or in a camping ground and use public transport. This also avoids paying for costly parking.

In the sentence "it’s relatively inexpensive" (Para. 2) "it" most probably refers to()

A. the trip

B. the transportation

C. the accommodation

D. the food and wine