Proposal to jail the driver for violating the high-alcohol regulation even though he hasn’t caused an accident
A serious accident occurred at the intersection of Hung Vuong – Hoang Van Thu (Bac Giang city) on the evening of June 2, causing 3 people died on the spot, leaving the public in shock.
At the time of the accident, the white Audi sped away at a very fast speed, directly hitting the motorbike passing the intersection, causing the 3 victims on the motorbike to be thrown far away and died on the spot.
The camera captures the moment of the accident.
The Traffic Police Department of Bac Giang Province Police then identified the Audi driver as Nguyen Quoc Thinh (officer of Bac Giang Department of Transport), with an alcohol concentration of 0.604 mg/l of breathing air. This level is 1.5 times higher than the “framework” level specified in Decree 100.
Nguyen Quoc Thinh was then detained by the Bac Giang City Police (Bac Giang province) in an emergency to serve the investigation.
The accident once again made the public angry and angry at the serious accident of alcohol use. Audi car driver.
The front part of the Audi was badly damaged after a terrible crash that killed 3 motorcyclists on the spot.
According to statistics of the National Traffic Safety Committee, every year about 40% of traffic accidents, 11% of deaths are related to alcohol and beer and this number tends to increase. Although Decree 100 and Decree 123 of the Government have aggravated violations of alcohol concentration, the use of alcohol and beer while driving vehicles continues to cause many tragic accidents.
Meanwhile, according to the World Health Organization’s survey results for victims hospitalized for traffic accidents, more than 36% of motorcyclists and nearly 67% of car drivers have blood alcohol levels exceeding allowable threshold.
Proposing jail time for driving under the influence of alcohol, even though it hasn’t caused an accident
According to current law, Decree 100/2019/ND stipulates that, depending on the type of vehicle being driven, blood alcohol concentration or breath, violators will be fined from 18 to 40 million VND and for a period of time. deprivation of the right to use the driving license also increased from 6 months to 4 times (24 months).
In addition, the Road Traffic Law stipulates that road vehicle drivers who go too fast, run red lights, or fail to pay attention when passing intersections cause traffic accidents if the consequences are serious. Importantly, the vehicle driver in this situation will be prosecuted for criminal responsibility.
Many tragic accidents occur because the driver of the vehicle violates the alcohol concentration. Illustrated photo.
In particular, if the driver of a vehicle violates the alcohol content when participating in traffic, causing a traffic accident, it will be a circumstance to aggravate the nature of the incident as well as can be determined as a framing circumstance. punish.
However, the situation of vehicle drivers violating alcohol content continues to increase and cause many serious consequences. Therefore, many experts have proposed to amend the Criminal Law to punish driving for alcohol and beer use, even though there are no consequences.
At the seminar on solutions to improve road traffic safety in Vietnam on the morning of May 31, Dr. Le Thu Huyen (University of Transport) said that currently, the number of alcohol-related accidents in Vietnam accounts for a large proportion, averaging about 36% of the total number of cases, while the rate in the world is 11-25%.
However, the number of traffic accidents and deaths related to alcohol and beer constantly tend to increase. To increase the level of deterrence, Ms. Huyen suggested amending the current regulations for drivers who violate alcohol levels, such as: Deduction of driver’s license points, progressive fines, forced re-examination of driving license, forced installation of control devices control the alcohol concentration on the vehicle, impound the vehicle, especially serious violations can result in imprisonment.
The traffic police force needs to strengthen the application of IT in checking and detecting violations of drivers and severely punishing them.
Currently, the highest fine for car drivers with blood alcohol concentration exceeding 80 mg / 100 ml or 0.4 mg / liter of breathing air is 30-40 million VND, driving license revoked for 22-24 months. Ms. Huyen suggested that this level should be divided into 80-160 mg/100ml, 160-240 mg/100ml of blood for aggravating punishment. If driving with an alcohol concentration higher than 240 mg / 100 ml of blood, they can be imprisoned.
In addition, this expert also suggested, it is necessary to keep records of violations and strictly manage recidivism and progressive penalties for repeated violations of alcohol concentration.
Agreeing, Dr. Vu Anh Tuan, Director of the Viet Duc Transport Research Center, said: Developed countries around the world have a roadmap to handle violations of alcohol concentration that cause traffic safety, first of all, administrative violations, if the level is high. Violations still escalate will apply criminal handling measures, both fines and imprisonment of violators.
“I think Vietnam will also go in this direction, it’s just a matter of time, the right time to change. It is necessary to clearly define the roadmap and step-by-step implementation to achieve effectiveness.
“After a period of assessment, if violations continue to escalate, they need to be turned to criminal sanctions, people can easily spend several tens of millions of dong to pay fines if they violate, but when they are imprisoned, they will be afraid. right”, Mr. Tuan suggested.
Concluding at the Conference, the representative of the Traffic Safety Department, the Ministry of Transport, noted the proposals and will report to the leaders of the Ministry of Transport to amend the Road Traffic Law or the regulations below. the law.
Article 260. Crime of violating regulations on participating in road traffic
1. Those who participate in road traffic and violate regulations on road traffic safety and cause damage to other people in one of the following circumstances shall be subject to a fine of between VND 30,000,000 and 100,000,000 dong, non-custodial reform for up to 03 years or imprisonment from 01 to 05 years:
a) Causing death;
b) Inflicting injury or causing harm to the health of 01 person with an injury rate of 61% or higher;
c) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;
d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:
a) Do not have a driver’s license as prescribed;
b) In the state of using alcohol or beer, with an alcohol concentration in the blood or breath exceeding the prescribed level, using drugs or other strong stimulants;
c) Running away to evade responsibility or intentionally not helping the victim;
d) Failure to obey orders of traffic controllers or instructions;
d) Causing death of 02 people;
e) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons between 122% and 200%;
g) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Causing death of 03 people or more;
b) Inflicting injury or causing harm to the health of 03 or more people with a total injury rate of 201% or more of these persons;
c) Causing property damage of VND 1,500,000,000 or more.
4. Violation of regulations on participation in road traffic in cases where it is likely to lead to the consequences specified in one of the points a, b and c, Clause 3 of this Article, if not prevented in time, be subject to a fine of between VND 10,000,000 and 50,000,000, non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year.
5. Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
at Blogtuan.info – Source: Afamily.vn – Read the original article here
