Mercedes driver causes an accident suspected of dispersing property: you can sue another case | News

12/16/2020 Vietnam



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On December 16, the Phu Nhuan District People’s Court, Ho Chi Minh City tried in the first instance and sentenced the defendant Nguyen Tran Hoang Phong (32 years old, resident of Go Vap District, who was the Mercedes driver who caused the accident) 7 years and 6 months in prison for “I saw violating the regulations on participation in road traffic”, the compensation for the victims exceeds 1.8 billion.

At trial, the defendant Phong stated that the only property that was the detained house was signed by his mother, so there was no other property to compensate.

Mercedes driver and flight attendant sentenced to 7 years and 6 months in prison

Ms. M. (Phong, the defendant’s mother) said that changing the name of the house was her idea, because the amount of compensation was too large, she intended to take the house to mortgage. But because the house did not have a red book, the bank disagreed, so she changed the name of the house to someone else.

The victim’s lawyer argues that the amount of compensation is very high, so that the transfer of assets during the arrest of the accused is considered an act of dispersal of assets, avoiding compensation. Propose to the Panel that it consider canceling the transfer of the defendant’s house to his mother, ensuring the execution of the sentence.
The Panel commented, on this issue, related parties can initiate a lawsuit with a civil case, requesting a competent court to declare the transfer contract invalid. You can then apply to a competent state agency or a court of competent jurisdiction to seize the property under the defendant’s jurisdiction to enforce compensation for the actual damage incurred and damages to the injured parties.

The mother of the Mercedes driver beat the flight attendant and fainted when her son was sentenced

Also, the Mercedes car belongs to Mr. VVP and is contracted to the Fumita Company, which is leased from the Khang Gia Company. In the dispute, according to the lawyer, this is a violation of the contract because there is no provision in the contract that allows the Fumita Company to lease the car to another company. These two companies are jointly and severally liable with the accused for carrying out the responsibility to compensate the victims.

The Panel concluded that the company allowing the defendant to rent a car is a voluntary civil transaction between the two parties, there is no causal relationship between the rental of the car and the accident. In this case, the fault is entirely the fault of the defendant Phong, so the joint civil liability of the related parties should not be considered.

The mother of the Mercedes driver took the flight attendant to cry in the courtyard
According to the indictment, Phong, who was driving a Mercedes at 84 km / h, caused a traffic accident (TNGT) in late January 2020, killing GrabBike driver Le Manh Thuong (64 years old). Nguyen Thi Bich Huong (30 years old, flight attendant) was injured 79%.

This is the case of a traffic accident that caused public frustration in the past. Earlier, the National Institute of Civil Engineering in Phu Nhuan District (VKS) proposed to the Panel to sentence the defendant to a sentence of 6 to 7 years in prison. VKS proposed to testify to the defendant to compensate victim Le Manh Thuong with 477 million VND, Nguyen Thi Bich Huong 1.4 billion VND.

The stewardess was run over by Mercedes: “Phong’s family didn’t ask a question”



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