The driver of a vehicle involved in a traffic accident as a result of which resulted the death or injury of the bodily integrity or the health of a person, is prohibited to leave the scene of the act and to modify or to erase the traces of the accident. He can change the position of the vehicle involved in the accident if he has the approval of the police, which investigates the accident.
If he does not respect this prohibition and changes the position of the vehicle involved in the traffic accident from which resulted the killing or the injury of the bodily integrity or the health of one or more persons, the act is considered an offence and is punished with imprisonment from 2 to 7 years.
Exception: If, in the absence of other means of transport, the driver of the vehicle himself transports the injured persons to the nearest hospital, declaring the personal data and the number of the vehicle, which will be recorded in a special register, and returns immediately to the place of the accident, the act does not constitute an offence.
The correct answer is: C
OUG* - Article 77
(1) The driver of a vehicle involved in a traffic accident as a result of which resulted the death or the injury of a person is obliged to take measures to immediately notify the police, not to modify or to erase the traces of the accident and not to leave the scene of the act.
(2) Any person who is involved or has knowledge of the occurrence of a traffic accident as a result of which resulted the death or the injury of one or more persons, as well as in the situation in which in the event is involved a vehicle which transports dangerous goods, is obliged to immediately notify the police and to call the single national emergency call number 112, existing in the telephone networks in Romania.
(3) It is prohibited to any person to change the position of the vehicle involved in a traffic accident as a result of which resulted the death or the injury of one or more persons, to modify the state of the place or to erase the traces of the accident without the approval of the police which investigates the accident.
Criminal Code*** - Article 338
(1) Leaving the place of the accident, without the approval of the police or of the prosecutor who carries out the investigation of the scene of the act, by the driver of the vehicle or by the driving instructor, being in the process of training, or by the examiner of the competent authority, being during the performance of the practical tests of the examination for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
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(3) It does not constitute an offence to leave the place of the accident when:
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b) the driver of the vehicle, in the absence of other means of transport, himself transports the injured persons to the nearest medical unit able to provide the necessary medical assistance and where he has declared the personal identity data and the registration or record number of the driven vehicle, recorded in a special register, if he returns immediately to the place of the accident;
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OUG* - Article 111
(1) The driving licence or the replacement proof of it is retained in the following cases:
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b) when its holder has committed one of the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) from Law no. 286/2009, with the subsequent amendments and completions;
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(3) In the situations provided in paragraph (1) letter a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) from this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) from Law no. 286/2009, with the subsequent amendments and completions, the replacement proof of the driving licence is issued without right of driving.
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OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
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b) the holder of the driving licence has been convicted, through a final court decision, for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) from Law no. 286/2009, with the subsequent amendments and completions;
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* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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