How can a drunk girl who drives a car and kills someone be responsible?

In the early morning of January 14, Phan Thi Ngoc Minh (23 years old, in Cam Xuyen district, Ha Tinh province) drove a car home after consuming alcohol at a birthday party. Going to National Highway 1A, passing through Cam Quang commune, Cam Xuyen district, the female driver hit Mr. L.N.Q. (34 years old, in Phu Yen) causing the victim’s death.

Minh’s alcohol concentration test result was at 0.385 mg/l of breath, nearly reaching the critical threshold as prescribed in the Decree 100/2019/ND-CP of the Government.

Cam Xuyen district police arrested reached a decision to prosecute the defendant and temporarily detain Minh for violating regulations on road traffic participation according to Article 260 of the 2015 Penal Code. For the above crime, what kind of punishment can the female driver face? What many readers are interested in?

Lawyer Duong Duc Thang (Hanoi Bar Association) said that according to the provisions of the 2008 Road Traffic Law, driving a car when blood or breath contains Alcohol concentration is one of the strictly prohibited acts. People who intentionally violate and cause harm to social order, security, health or life of others will be strictly punished according to the provisions of law.

How can a drunk girl who drives a car and kills someone be responsible?

Article 260 of the 2015 Penal Code stipulates that anyone participating in road traffic who violates traffic safety regulations causes serious consequences such as death or health damage to people. difference of 61% or more or property damage of 100 million VND or more will be criminally prosecuted for violating regulations on road traffic participation. The basic penalty for this crime is a fine of 30-100 million VND, non-custodial reform for up to 3 years or imprisonment for 1-5 years.

In case the act falls under the following framing circumstances: The offender does not have a driver’s license according to regulations; alcohol concentration in blood or breath exceeds the prescribed level; running away to avoid responsibility, intentionally not helping the victim or not obeying the traffic controller’s orders can face a penalty of 3-10 years in prison according to Clause 2 of this Article.

Comparing the above regulations, it can be seen that female driver Minh violated the provisions of the Road Traffic Law by driving a car with alcohol on her breath and causing serious consequences, causing one person to die. Therefore, the investigation agency prosecuted the female driver for violating regulations on road traffic participation.

For committing the crime while in a state of intoxication, this girl could be punished. Consider criminal liability according to Clause 2, Article 260 of the 2015 Penal Code with a penalty of 3-10 years in prison.

In addition to the above fine, during the investigation and prosecution process, the agencies conducting the proceedings will assess objectively and comprehensively evaluate the case file and consider aggravating and mitigating circumstances for this female driver. Pursuant to the provisions of Articles 51 and 54 of the 2015 Penal Code, if the convicted person has 2 or more circumstances mitigating criminal liability and meets other conditions regarding personal history… according to the provisions of the Law. By law, the court may consider sentencing a sentence lower than the penalty frame for criminals who can be prosecuted according to the provisions of law.

Regarding civil liability based on Article 591 of the Code Civil 2015 The female driver and her family are responsible for compensating the victim’s family for damages caused by the violation of their lives. Compensation includes damages due to damage to health (first aid treatment, reduced income…), funeral expenses, alimony for the person to whom the injured person is obliged to support… and compensation. often mentally damaged. The amount of compensation for loss shall be agreed upon by the parties. In case an agreement cannot be reached, the Court may be required to resolve it according to the provisions of law.

Hoang Dieu