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In connection with the article “Request for help from a flight attendant of a drug addicted Mercedes driver”, Ms. Nguyen Thi Bich Huong (victim of a drug addicted driver, without a driver’s license, driving Mercedes over speed, hit the morning of the 6th Tet) said that after reading the defense attorney’s indictment, he did not understand why Phong’s driver used a driver’s license, fake car rental documents and also admitted to using 2 days before causing the accident , but the prosecution does not have sufficient driving reasons.
Ms. Huong before the accident.
On November 25, responding to VTC News about the incident, lawyer Tran Minh Cuong (Ho Chi Minh City Bar Association) said that the authorities are prosecuting the driver for the crime “Violating the regulations on participation in traffic highway “is defined in points a and h, clause 2, article 260 of the Penal Code (Penal Code) 2015, modified in 2017, according to the nature and criminal composition of the previous crime.
Consequently, the authorities are currently prosecuting the driver of a Mercedes car who caused an accident in Clause 2 of Article 260 with a penalty of 3 to 10 years in prison, with 2 details that he does not have a driving license and causes a loss of 500 million – less than one billion 500 million VND are in Clause a and h of Article 260 of the Penal Code “Mr. Cuong said.
However, in the opinion of lawyer Cuong, with 2 acts of drug use before the time of driving and after causing an accident, fleeing, not helping the victims of Mercedes drivers, the authorities are still unclear. Cast “There is no basis to consider and manage” it will make public opinion question the accusation of the case. (These are 2 details in Clauses b and c, Article 260 of the Penal Code).
Attorney Tran Minh Cuong.
As for the damage caused by the Mercedes driver to the victims (health, mental damage, material damage …), said lawyer Cuong, the responsibility for compensation for illegal acts corresponds to the operator. vehicle causing the accident, in this case the responsibility for compensation rests with the Mercedes driver.
“Currently, according to information from Ms. Huong, the family of the Phong driver has not compensated her and the family of the driver of the technology vehicle has passed away. In this regard, Ms. Huong has requested compensation in the case and will be entitled to be brought to trial by the civil party in the same criminal case (in case the court does not separate the case) “Mr. Cuong said.
Attorney Cuong added that proactive compensation for all or part of the harm to Ms. Huong and her family is considered one of the mitigating circumstances if the vehicle operator / family actively recovers. , indemnify.
Answering the question that Ms. Huong has 75% injury and inability to work, while she is the main worker in the family and has to raise children, what is the responsibility of the person who caused the accident? Lawyer Cuong said that Huong has the right to request compensation and support and that the court will consider this.
“In this case, the driver Phong committed a very serious crime (the maximum term of 10 years) the term for the trial is 2 months from the date of the accusation. When this term expires, one of the payment decisions additional investigation file or take the case to trial “, Attorney Cuong expressed his opinion.
According to the contents of the incident, at around 5:27 am on January 30, 2020, Nguyen Tran Hoang Phong (32 years old, living in Go Vap district) was driving a Mercedes car BKS: 51G-902.57, from the basement from the building at 108 Hong Ha, Hall 2, Tan Binh District (HCMC), goes to the Hoang Minh Giam intersection, Phu Nhuan District.
The scene of the accident.
At 123 Hong Ha, Ward 9, Phu Nhuan District, Phong could not control speed, ran to the opposite lane, directly collided with the motorcycle with the Supervisory Board: 62P1- 401.23 by Mr. Le Manh Thuong (driving Grab) the driver carrying Ms. Nguyen Thi Bich Huong (the flight attendant) is traveling in the opposite direction.
The heavy blow caused people and motorcycles to collide with the left side of the road, the cars continued to collide with the phoenix tree on the sidewalk.
The accident caused Mr. Thuong to suffer multiple injuries and die in hospital, while Huong suffered multiple injuries with an injury rate of 79%.
After the accident, Phong left the scene alone. The next day, Phong went to the police to confess and confess to the incident.
In the investigation agency, Phong stated that two days before the accident, he went out to a bar in Binh Thuan province and used drugs. The results of the examination of the scene, the examination of the vehicle tracks and the victim’s tracks were consistent with the evolution of the accident.
Through the results of the investigation to determine the cause of the accident in its entirety due to the fact that Phong controlled the car without a driver’s license, it was traveling at a speed of 84 km / h (allowed speed 50 km / h), the The owner of the steering wheel entered the left side of the road and collided with a motorcycle driven by Mr. Thuong that was taking Ms. Huong in the opposite direction.
The Phu Nhuan District People’s Protection Institute (Ho Chi Minh City) has decided to prosecute the defendant Nguyen Tran Hoang Phong before the same court to be tried for the act of “violation of traffic regulations”.
According to the Phu Nhuan District People’s Protection Institute, the aforementioned acts of the defendant Phong committed “infringement of road traffic regulations” as specified in points a and h, clause 2, article 260 of the Penal Code.
During the investigation, the defendant Phong sincerely testified and repented, after committing the crime, the defendant surrendered. That is the basis for applying the circumstances of mitigation of criminal responsibility specified in Point s, Clause 1, and Clause 2, Article 51 of the Penal Code.
