On May 12 in Lam Dong, a woman driving a car while livestreaming caused a fatal accident. The lawyer said he could face up to three to 10 years in prison.
Talking to Dan Tri, Lawyer Tran Viet Ha – LS Member of Nam Son Law Firm – LS Delegation of Ho Chi Minh City analyzed that the behavior of the woman in the case has shown signs of constituting a violation of regulations on road traffic, as stipulated in Article 260 of the Penal Code.
At the time of the incident, the female driver committed two illegal acts, one was to use the phone while driving; Second, there is no driver’s license but still drive the vehicle to the road causing serious consequences.
It is the act of controlling the vehicle without a driver’s license plus the lack of attention observed because of the focus on using the phone, leading to the collision of the female driver did not have time to handle leading to deadly consequences. Accordingly, with the condition that the frame is not having a driver’s license, the penalty frame in this case is from 3-10 years in prison.
As a rule, an act is only dealt with once, so for the act of not driving a license and driving a car using a phone, it has been examined for criminal liability. Therefore, there is no mention of administrative sanctions for the two acts mentioned above.
In case of not being examined for criminal liability, for the act of not having a driver’s license, based on Point b Clause 8 Article 21 of Decree No. 100/2019 amended by Decree 123/2021, female drivers will be fined VND 10-12 million. As for the act of using the phone while driving, pursuant to Point a Clause 4 Article 5 of Decree 100/2019, it will be punished with a fine of 1-2 million and disqualified from driving for 2-4 months for causing an accident.
As reported, the accident occurred at about 7:30 am on May 12, at the intersection of April 30 road and Pham Ngoc Thach street (Thich Tien town). The victim was a high school student in the area, driving an electric bicycle to school when he collided with a marine motorcycle controlling Lam Dong.
The driver of the car driving from behind ran over the male student, Mrs. N.N.T. (40 years old, in The District of Thich Th). Mrs. T. was determined not to have a driver’s license.
Remarkably, Mrs. T. herself returned to the accident. Accordingly, when the traffic signal light allows to go, a cyclist is crossing the road when suddenly encountering a motorcycle swerving from behind, causing both people and electric bicycles to fall onto the road. At this moment, Mrs. T. was preparing to accelerate so she ran over the person who fell.
Many people believe that this incident can lead to less serious consequences when the driver of the car observes and handles the situation quickly. Because at that time, the female driver was busy livestreaming so she did not observe and could not handle the traffic situation that happened ahead.
HOANG QUAN: LINKPIZ.COM