What is the penalty for driving a livestream car to run over and kill someone?

Recently, in Lam Dong, a woman who was driving a car while livestreaming caused an accident that resulted in death.

At the time of the incident, the female driver had committed two illegal acts. First, use your phone while driving. Secondly, without a driver’s license, but still driving a vehicle, causing serious consequences.

For the above violations, lawyer Nguyen Thanh Hai, director of An Hoang Gia Law Firm (Hanoi Bar Association) said, the woman above faces administrative and criminal penalties. This is clearly regulated by current law.

Regarding the sanctions for handling administrative violations, according to lawyer Hai, the act of using a mobile phone while driving is one of the behaviors with a very high risk of traffic accidents. Because when using the phone, traffic drivers cannot concentrate on driving, leading to lack of attention, speed control, poor handling of situations and the risk of causing an accident.

Point a, Clause 4, Article 5 of Decree 100/2019/ND-CP as amended and supplemented by Decree 123/2021/ND-CP stipulates: “A fine of between VND 1 and 2 million shall be imposed on the operator of a manual vehicle. using a mobile phone while driving a vehicle on the road.

Besides, at Points b and c, Clause 11 of Article 5 of this Decree, the car driver who commits this violation will also be deprived of the right to use the driving license for 1-3 months, 2-4 months if cause traffic accident.

Secondly, for acts of not having a driving license when participating in traffic, a fine of between VND 4-6 million will be imposed (point b, clause 8, Article 21 of Decree 100/2019/ND-CP as amended and supplemented by Decree No. Decree 123/2021/ND-CP). In addition, the driver is also impounded for up to 7 days before the decision to impose a penalty.

Regarding criminal sanctions, lawyer Nguyen Thanh Hai said that if there are enough signs to constitute a crime, the driver must be criminally responsible for the crime of violating the regulations on participating in road traffic as prescribed in Article 2 of this Law. 260 Penal Code 2015 revised in 2017.

Specifically, Article 260 of the Penal Code 2015 revised in 2017 stipulates the crime of violating regulations on participating in road traffic as follows: Those who participate in road traffic but violate regulations on traffic safety road traffic kills 1 person or injures or causes harm to 1 person’s health with an injury rate of 61% or more;

Inflicting injury or causing harm to the health of 2 people with an injury rate of 31% to 60% for each person; Inflicting injury or causing harm to the health of 3 or more people whose total bodily injury rate is between 61% and 121%; Causing property damage from 100 to under 500 million dong.

If falling into one of the above cases, they shall be subject to a fine of between VND 30-100 million, a non-custodial reform for up to 3 years or a prison term of 1 – 5 years.

Notably, also in Article 260 of the Penal Code, if the offenders do not have a driving license, they will be sentenced to between 3 and 10 years of imprisonment.

“Thus, the woman who was driving a car while livestreaming and causing an accident that resulted in death could face a maximum sentence of up to 10 years in prison,” Hai shared.

Duc Phong