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【裁判要旨】行为人未取得驾驶证或驾驶的机动车未经登记便上路行驶,被他人违法相撞而发生交通事故,行为人并不因其驾驶的机动车未登记或无驾驶证而必然要对交通事故承担民事责任,是否承担民事责任应当依据其行为与交通事故的发生是否符合民事侵权责任的构成要件来判定。当扶养人是城镇居民(或作为城镇居民对待)而被扶养人是农村居民时,被扶养人生活费应以扶养人的身份为基准来确定,即适用城镇居民人均消费性支出标准,不能因为被扶养人是农民,其生活在农村而按照农村居民人均年生活消费支出标准来计算。同时,当被告被追究刑事责任,依据现行法律,在刑事附带民事诉讼中不应支持原告精神抚慰金的请求,但原告单独提起民事赔偿并同时主张精神抚慰金的,对其精神抚慰金请求应予支持。
[Referee summary] The actor did not obtain a driver’s license or motor vehicle driving on the road without registration, was illegally collided by another person and a traffic accident occurs because the driver is not driving a motor vehicle without registration or without a driving license To bear the civil liability for traffic accidents, whether to bear the civil liability should be based on whether the behavior and the occurrence of traffic accidents are in line with the constitutional elements of tort liability. When the dependents are urban residents (or treated as urban residents) and the dependents are rural residents, the living expenses of the dependent shall be determined on the basis of the status of the dependent, that is, the standard of per capita consumer expenditure for urban residents shall not be applied because Dependents are peasants who live in rural areas and are calculated according to annual per capita living expenses of rural residents. At the same time, when the defendant is held criminally liable, according to the current law, the plaintiff’s spirit should not be supported in the criminal civil suits. However, if the plaintiff lifts civil compensation alone and at the same time advocates the spirit of comforting gold, his request for spiritual comfort should be To support.