Penalty for driving a motorbike causing a traffic accident and then fleeing

Penalty for causing a traffic accident and then running away

Specifically, Clause 1, Article 38 of the 2008 Road Traffic Law stipulates the responsibilities of vehicle drivers and parties directly related to the accident as follows:

1. The driver must stop the vehicle immediately, maintain the scene, provide first aid to the victim and be present when requested by the authorities.

2. The person causing the accident must remain at the scene until the authorities arrive, except in cases where the driver is injured and needs emergency care or is life-threatening, but must then immediately report to the nearest police station.

3. The person causing the accident must provide accurate information about the incident to the competent authority.

If the driver flees after causing an accident, according to Decree 100/2019/ND-CP, amended by Decree 123/2021/ND-CP, this act is subject to a fine of VND 6,000,000 to VND 8,000,000. In addition, the violator may also have his/her driving license revoked for 03 to 05 months.

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Criminal liability for causing traffic accidents resulting in death

In case a traffic accident causes serious consequences, such as death, the violator may be held criminally liable under Article 260 of the 2015 Penal Code, amended by the Law amending the 2017 Penal Code. Specifically:

1. Violators may be fined from VND 30,000,000 to VND 100,000,000, subject to non-custodial reform for up to 03 years or imprisoned from 01 year to 05 years if causing the following consequences:

- Kill people.

- Causing bodily injury to one person with a rate of 61% or more or to two people with a rate of 61% to 121%.

- Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Imprisonment from 03 years to 10 years is applied in the following cases:

- No driver's license.

- Driving under the influence of alcohol, beer or drugs exceeding the prescribed limit.

- Fleeing after causing an accident to avoid responsibility.

- Causing the death of two people or causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. If the accident causes the death of three or more people or property damage of VND 1,500,000,000 or more, the violator may be imprisoned from 07 to 15 years.

In addition, the offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

Thus, when driving a motorbike and causing a traffic accident and then fleeing, the violator will face both administrative penalties and criminal liability, depending on the severity of the incident.

Source: https://www.congluan.vn/muc-phat-khi-dieu-khien-xe-may-gay-tai-nan-giao-thong-roi-bo-chay-post312888.html