(Source: Dan Tri) – According to the law, the penalty frame for driver Binh may be 7-15 years in prison.
As reported, on the afternoon of August 13, the police of Gia Lai province served the decision to prosecute the accused Dinh Tien Binh (36 years old, in Chu Puh district, Gia Lai province) for the crime of violating regulations on participating in traffic. road traffic.
Driver Binh was the driver of the truck that crashed into the back of a car carrying members of HAGL Football Club, causing the deaths of 3 people: assistant coach Duong Minh Ninh, striker Paollo Madeira and doctor Dao Trong Tri. According to the police, the cause of the accident was that Mr. Binh was driving to the left to overtake the vehicle in the same direction without ensuring safety conditions.
Following the case, many readers wondered if the incident happened in Chu Puh district, but why did the district police not accept and investigate but the sanction and the authority to handle the case belonged to the provincial police? With the crime that has been prosecuted, how can this driver face the penalty frame?
Can face the highest penalty in the penalty frames
Lawyer Hoang Trong Giap (Director of Hoang Sa Law Firm, Hanoi Bar Association) assessed that, according to the provisions of the Law on Road Traffic 2008, when passing a vehicle, drivers must fully comply with the rules on ensuring safety. traffic safety. In case of violating those regulations and causing a fatal accident, this is a violation of the law and will be handled for the crime of Violation of regulations on participating in road traffic according to Article 260 of the Penal Code 2015.
In this case, according to information provided by the authorities, Mr. Binh drove to the left to overtake HAGL’s car when the safety conditions were not met. Therefore, there is a basis for the police to prosecute this driver under Article 260 of the 2015 Penal Code.
According to Clause 3 of this Article, those who participate in road traffic and violate regulations on road traffic safety, resulting in the death of 3 or more people, will face a penalty of 7-15 years in prison. In addition, offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for 1-5 years.
Thus, with the consequences of killing 3 people, the penalty frame for driver Binh may face is 7-15 years in prison. However, during the investigation, prosecution and trial, the proceeding agency may record additional mitigating circumstances for the accused if the driver shows a cooperative attitude, sincerely declares, repent or actively overcome the consequences.
Then, based on Articles 51 and 54 of the 2015 Penal Code, if there are enough extenuating circumstances, the court may consider declaring a sentence lower than the penalty frame that this driver can be prosecuted by the Procuracy.
Regarding civil liability, Mr. Binh is responsible for compensating for material losses to the families of the injured and killed victims in the accident. Compensation may include money for treatment, medicine, funeral, child support under 18 years old (if any), money to support elderly parents and other expenses.
In addition, this driver also has to compensate for the emotional loss of the victims’ families. The level of compensation will be mutually agreed upon by the parties, in case of disagreement, the maximum compensation will not exceed 100 times the base salary (for the deceased) and 50 times the base salary (for the deceased). injured person), based on the provisions of Articles 590 and 591 of the Civil Code 2015.
According to Decree 24/2023/ND-CP of the Government, the newly applied regional base salary is 1.8 million VND. Thus, the maximum level of compensation for mental loss for the family of the deceased and injured person will be 180 million VND and 90 million VND respectively.