How are drivers who cause traffic accidents and then flee punished?

Question:

There was a traffic accident near the area where I live. The driver of the car fled after causing the accident, leaving the injured victim lying in the middle of the road. I would like to ask the lawyer what the penalty is for causing a traffic accident and then fleeing like that?

Reply:

According to Article 38 of the 2008 Road Traffic Law, vehicle drivers and those directly involved in an accident must have the following responsibilities:

- Immediately stop the vehicle, keep the scene intact, provide first aid to the victim and be present when requested by the competent authority.

- Stay at the scene of the accident until the police arrive, except in cases where the driver is also injured and must be taken to the emergency room or the victim must be taken to the emergency room or because his/her life is threatened, but he/she must immediately report to the nearest police station.

- Provide accurate information about the accident to the competent authority.

Clause 17, Article 8 of the Road Traffic Law also stipulates that fleeing after causing a traffic accident to evade responsibility is one of the prohibited acts.

According to Decree 100/2019/ND-CP and the latest update in Decree 123/2021/ND-CP (amended on December 28, 2021), regulations on penalties for acts of driving a vehicle causing a traffic accident without stopping, not keeping the scene intact, fleeing without reporting to the competent authority, not participating in first aid for the victim:

For drivers of cars and similar vehicles: Fine of 16 - 18 million VND; suspension of driving license for 5 - 7 months.

For drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles: Fine of 6 - 8 million VND; suspension of driving license for 3 - 5 months.

For tractor and specialized motorbike drivers: Fine of 10 - 12 million VND; suspension of driving license (when driving tractor), certificate of training in road traffic law (when driving specialized motorbike) for 5 - 7 months.

For drivers of bicycles, motorbikes (including electric bicycles), and drivers of other rudimentary vehicles: Fine of 400,000 - 600,000 VND.

How will a driver who causes a traffic accident and then flees be punished? - 1 — (Illustration).

Regarding cases of criminal liability, Article 260 of the 2015 Penal Code (amended and supplemented in 2017) specifically stipulates "Crime of violating regulations on road traffic participation" as follows:

1. Anyone who participates in road traffic and violates road traffic safety regulations in one of the following cases shall be subject to a fine of 30 - 100 million VND, non-custodial reform for up to 3 years or imprisonment of 1 - 5 years:

a) Causing the death of one person or causing injury or damage to the health of one person with a bodily injury rate of 61% or more;

b) Causing injury or damage to the health of 2 people with a bodily injury rate of 31 - 60% for each person;

c) Causing injury or damage to the health of 3 or more people, with the total body injury rate of these people being 61 - 121%;

d) Causing property damage from 100 million VND to under 500 million VND.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 3 to 10 years:

a) Not having a driving license as prescribed;

b) In a state of using alcohol or beer with the alcohol concentration in the blood or breath exceeding the prescribed level or using drugs or other strong stimulants prohibited by law;

c) Causing an accident and then fleeing to avoid responsibility or intentionally failing to help the victim;

d) Failure to comply with the orders of the driver or traffic guide;

d) Causing the death of 2 people;

e) Causing injury or damage to the health of 2 people with a bodily injury rate of 61% or more for each person;

g) Causing injury or damage to the health of 3 or more people, with the total body injury rate of these people being 122 - 200%;

h) Causing property damage from 500 million VND to under 1.5 billion VND.

3. Committing a crime in one of the following cases shall be punishable by imprisonment for 7 - 15 years:

a) Causing the death of 3 or more people;

b) Causing injury or damage to the health of 3 people with a bodily injury rate of 61% or more for each person;

c) Causing injury or damage to the health of 3 or more people, with the total body injury rate of these people being 201% or more;

d) Causing property damage of VND 1.5 billion or more.

4. Road traffic participants who violate road traffic safety regulations and cause injury or damage to the health of one person with a bodily injury rate of 31 - 60% or cause injury or damage to the health of two or more people with a total bodily injury rate of 31 - 60% shall be fined from 30 to 100 million VND or be subject to non-custodial reform for up to 3 years.

5. Violating road traffic safety regulations that may actually result in damage to the life, health or property of others if not prevented in time shall be subject to a fine of 10 - 50 million VND, non-custodial reform for up to 1 year or imprisonment from 3 months to 1 year.

6. The offender may also be banned from holding a position, practicing a profession or doing certain work for 1 - 5 years.

In case the victim has a request to drop the complaint but the driver causing the accident shows signs of committing a crime, he/she will still be prosecuted according to the provisions of law.

Lawyer Hoang Ngoc - Head of Nhiet Tam Law Office and Associates.

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