Cam Xuyen district police (Ha Tinh) have just prosecuted the case, prosecuted the accused, and temporarily detained Phan Thi Ngoc Minh (born 2001, residing in Tan Thuan village, Cam Thinh commune, Cam Xuyen) for the crime of “Violating violating regulations on participating in road traffic” occurred in Cam Quang commune, Cam Xuyen district on January 14, 2024.
At about 1:40 a.m. on January 14, at Km522+100 National Highway 1, section of Village 7, Cam Quang commune, an incident occurred. traffic accidents between a car with registration number 38A- 516.xx and a truck with registration number 78C-037.xx causing 1 person died.
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Cam Xuyen District Police Investigation Agency served the Decisions on Phan Thi Ngoc Minh. |
At that time, the car driven by Phan Thi Ngoc Minh was traveling in the North – South direction. When arriving at Km522+100 National Highway 1, it collided with a truck with license plate number 78C-037.xx driven by Mr. Le Ngoc Q. (born 1990, residing in Hoa Thanh commune, Dong Hoa town, Phu Yen). At this time, the truck had an accident and pulled over to the side of the road. Mr. Q. got out to check and was hit by a car from behind. The accident caused Mr. Le Ngoc Q. to die on the spot, and car 38A-516.xx was seriously damaged.
Notably, Phan Thi Ngoc Minh’s alcohol concentration test result was 0.385 mg/1 liter of breath. The female driver admitted that after attending a friend’s birthday party in Ha Tinh City, she drove her car home, causing a traffic accident on the way, killing someone.
Doctor, lawyer Dang Van Cuong, Hanoi Bar Association, said that the female driver violated the alcohol concentration level of up to 0.385mg/1 liter of breath, lacked attention and observation, and did not control the driving speed. Due to the fatal accident, the investigation agency prosecuted and detained this female driver on grounds.
With the results of scene examination, autopsy, alcohol concentration measurement, and examination of traces left at the crime scene, there are grounds to show that this female driver violated traffic regulations. Road traffic means driving a vehicle without paying attention and not controlling the speed, leading to a traffic accident with fatal consequences, so the behavior has signs of constituting a crime of violating traffic regulations. road according to article 260 of the penal code.
It is worth noting that this female driver was driving the vehicle in a drunken state, so this was determined to be an aggravating circumstance for criminal liability according to the provisions of Clause 2, Article 260 of the Penal Code with a penalty frame of imprisonment from 3 to 10 years.
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| The female driver admitted that after attending a friend’s birthday party in Ha Tinh City, she drove her car home, causing a traffic accident on the way, killing someone. |
According to the provisions of Article 260 of the Penal Code, people who violate road traffic regulations causing serious consequences must face a penalty frame of imprisonment from 1 year to 5 years, in this case there is The measure of not leaving the place of residence can be applied after prosecuting the accused. However, in cases of road traffic violations that cause serious consequences and contain alcohol in the blood or breath, the penalty range is not aggravated, from 3 to 10 years in prison and temporary detention for rehabilitation. investigative work.
Citing statistics on traffic accidents in recent times, lawyer Cuong said that in many cases women cause traffic accidents due to stepping on the wrong accelerator pedal, wrong operation, lack of skills… With For such road traffic violations, this female driver will face a very high penalty range.
In addition to criminal liability, this female driver must compensate all damages to the victim’s family. Damages include pre-death treatment costs if any, burial costs according to local customs, compensation for mental damage up to 100 months of base salary and alimony for the person the victim has. alimony obligation according to the law.
“This will be a lesson for those who disregard the law, do not comply with road traffic regulations, and violate alcohol levels, leading to serious traffic accidents,” lawyer Cuong stated. opinion.
Handled more than 9,000 alcohol violation cases during 4 peak days
The Traffic Police Department said that in 4 days (from January 11 – January 14, 2024), it will carry out peak implementation to ensure order and traffic safety for the Lunar New Year of Giap Thin and the 2024 Spring Festivals. The National Traffic Police force has handled 9,098 cases of alcohol violation; 8,239 speeding violations.
>>> We invite readers to watch the video of National Assembly delegate Duong Khac Mai (Dak Nong delegation) talking about the need to strictly regulate alcohol concentration when driving