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On December 11, the Dong Xoai City Police Department (Binh Phuoc Province) responded to the complaint by Ms. Le Thi Tu (Mr. Luong Huu Phuoc’s wife) about her request to reverse the decision to suspend the case, suspend the case. only the defendants against Mr. Phuoc.
Vehicle speed cannot be determined
In deciding to resolve a 7-page complaint, Dong Xoai City Police said that the issues raised in the cassation decision of the High-Level People’s Court in Ho Chi Minh City and the suggestions of Ms. Le Thi Tu expressed in the complaint The complaint has been investigated and clarified by the Dong Xoai City Police Department.
Specifically, firstly, the results of the investigation, when Lam Tuoi discovered Mr. Luong Huu Phuoc’s car at a distance of 50 meters, when Mr. Phuoc’s car stopped on the side of the road in the direction of Mr. Phuoc, so Lam Tuoi continued. Allow the vehicle to move normally (Mr. Phuoc’s car has not turned left to cross the street at this time).
When Lam Tuoi’s car was driving away about 5m, at that time, Mr. Phuoc’s car would turn left (towards Mr. Phuoc) suddenly crossing the street, because the distance was too close and unexpected, for what Lam Tuoi couldn’t handle. cause an accident.
Through work, Lam Tuoi presented the time of the accident. Lam Tuoi was driving her car at a speed of approximately 40-50 km / h and Ms. Tran Thi Kim Lien (wife of the victim) also discovered that Lam Tuoi’s car was running at approximately 40-50 km / h. 50km / h.
CQĐT has requested the Sub-Institute of Criminal Sciences in Ho Chi Minh City, the Ministry of Public Security, to request the speed test of the motorcycles controlled by Lam Tuoi and Mr. Phuoc at the time of the accident.
The inspection findings conclude: There is currently no process for the speed inspection of two-wheeled motorcycles, so there is not enough basis to determine the speed of the vehicle in traffic.
CQĐT has sent an official letter to Dong Xoai City Administration Office inquiring about the maximum allowed speed for motorcycles on Nguyen Hue Road at the time of January 15, 2017. The results determined at that time on Nguyen Road Hue did not include R.420 signals, so the maximum speed for motorcycles was 60 km / h.
Based on the results of the previous investigation, it is determined that Lam Tuoi violated the maximum speed limit at the time of the accident.
Secondly, after working, Ms. Tran Thi Kim Lien introduced that only Lam Tuoi turned his head towards Tri Tiep (the person behind Lam Tuoi-PV) and continued to face the front of the motorcycle rider, but not he saw. history.
At the same time, Ms. Lien saw Mr. Phuoc carrying Mr. Quy started to cross the street and then stopped looking, but looked in the direction of the power station junction to see Lam Tuoi and Tri Tiep, not at the same time that Ms. Lien saw Lam Tuoi turn. At first, talk to Tri Tiep …
The results of the investigation also determined that from Ms. Lien’s sitting position and distance, Mr. Phuoc, Mr. Quy and Lam Tuoi could be seen.
CQĐT has requested an inspection to determine the direction and position of the two vehicles and the first contact between the two vehicles.
Lam Tuoi drove his car in the right direction, on the right side of Nguyen Hue Street, from the junction of the power station to the intersection of Soc Mien.
Mr. Luong Huu Phuoc before jumping upstairs to commit suicide at the Binh Phuoc Province People’s Court. Photo: LSCC
It is unclear whether Mr. Phuoc will apply for the application or not.
According to Mr. Phuoc’s testimony, as he turned the street, Mr. Phuoc turned on the turn signal to the left.
Working with Ms. Tran Thi Kim Lien and Ms. Tran Thi Hang (witness-PV), it was impossible to determine whether Mr. Phuoc had turned on his turn signals when crossing the street or not.
In the vehicle inspection report of May 12, 2017 for 93H8-5674 motorcycles, at the time of checking the switch to turn on the signal light (blinker) mounted on the left handlebar it is still in the middle does not turn to the right or left.
Furthermore, there are no other documents or evidence to show whether or not Mr. Phuoc has turned on the turn signal when changing direction across the street.
Based on the results of the previous investigation, there is insufficient reason to determine whether or not Mr. Phuoc has turned on his turn signals when crossing the street. However, turning on the turn signal is only one of the traffic rules when changing direction.
Also, when turning on the street, Mr. Phuoc has to make sure of other traffic rules, which is to pay attention and give way to approaching vehicles, but Mr. Phuoc does not follow these rules, so he violated Clause 2, Article 15 of the Road Traffic Law.
Ms. Lien and Ms. Hang introduced themselves as Mr. Phuoc led Mr. Quy and started across the street when he saw Mr. Quy sitting behind, arms on Phuoc’s shoulder, not holding hands . After that, Ms. Lien and Ms. Hang stopped looking, so it was unclear whether Mr. Quy leaned forward and took Mr. Phuoc’s hand.
Working, Lam Tuoi presented that at the time of the accident, Mr. Phuoc’s car was still moving, without stopping because Mr. Quy bent down and held his arm as testimony from Mr. Phuoc.
Also, there are no other documents or evidence, so there is not sufficient basis to determine when he changed direction across the street, Mr. Quy leaned forward and took Mr. Phuoc’s hand as Mr. Phuoc.
The scene in which Mr. Luong Huu Phuoc committed suicide. Photo: CTV
CQĐT further claimed that the direct cause of the traffic accident was that Mr. Phuoc drove Mr. Quy across the street without observing and did not yield to vehicles going in the opposite direction.
Lam Tuoi was driving his car on the correct path on the right side of Nguyen Hue Street and had no basis to determine that Lam Tuoi had violated the maximum allowed speed.
When he was about 5 meters from Mr. Phuoc’s car, because Mr. Phuoc suddenly switched the car to cross the street, Lam Tuoi suddenly couldn’t drive it in time, so he collided with Mr. Phuoc’s car and caused an accident. This is an unexpected event, Lam Tuoi was not at fault in this traffic accident, so it is not a criminal process for Lam Tuoi.
Since then, CQĐT has rejected Ms. Le Thi Tu’s complaint, uphold the entire decision to suspend the investigation of the case, suspend the investigation of the accused against Mr. Luong Huu Phuoc.
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After the suicide of the accused, the Superior Court annulled the sentence. As PLO has reflected, on January 15, 2017, Mr. Phuoc took Mr. Tran Huu Quy to karaoke. After walking for a while, he saw that Mr. Quy was not wearing a helmet, so Mr. Phuoc took him back to get the helmet. When Mr. Phuoc drove the car to turn left to cross the street, Mr. Lam Tuoi’s car crashed and Mr. Quy died. On May 29, at the second court of appeal, the Binh Phuoc Province People’s Court rejected the appeal against the Dong Xoai City People’s Court and sentenced Mr. Phuoc to three years in prison for violating the rules on driving a vehicle. Traffic on the road. In the afternoon of the same day, Mr. Phuoc came to this court and jumped from the second floor to the ground and died. Two weeks later, on June 12, the Committee of Judges of the High Court of Ho Chi Minh City, which heard the cassation review, declared the cancellation of two first instance and appeal sentences, and asked the Provincial Police of CQĐT Binh Phuoc to accept and investigate again. . On December 2, the Dong Xoai City CQDT decided to suspend the case, suspending the defendant against Mr. Phuoc on the grounds that the person who committed the behavior dangerous to society died. |
Question about the case of Mr. Luong Huu Phuoc who committed suicide upstairs in court
(OLP) – The cassation review decision proposed to hand over the file to the Binh Phuoc Province Police Station for re-investigation, but in the end, the Dong Xoai Police CQDT implemented and suspended the accused against Mr. Luong Huu Phuoc.
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