A memorable lesson about implementing the Road Traffic Law.

(Baonghean)For the first time in Nghe An province, a traffic accident involving alcohol use has been brought to trial. The court sentenced the defendant, Nguyen Dinh Kha, who caused the serious consequences leading to the death of Nguyen Van Duong, to 3 years in prison. This is truly a memorable lesson for those who use vehicles on public roads...

A harsh sentence

Although more than three months have passed since the traffic accident, residents of Hamlet 9, Thanh Thinh Commune, Thanh Chuong District – the area where the accident occurred on the evening of March 5, 2013 – still remember it vividly when asked. The accident took place on a section of road near Ba Ben Bridge leading to Thanh Huong Commune, more than 3 meters wide, paved but with many potholes. The perpetrator was Nguyen Dinh Kha, residing in Hamlet 7, Thanh Thinh Commune. "That night, around 8 PM, Kha was riding his motorbike when he crashed into a man riding a motorbike in the opposite direction. The man died instantly, while Kha was thrown into a bush and suffered minor injuries. At the time of the accident, Kha was intoxicated..." – a resident of Thanh Thinh Commune stated.

Following the traffic accident, the Thanh Chuong District Police Investigation Agency investigated and determined that on the afternoon of March 5, 2013, Nguyen Dinh Kha (born in 1984), after drinking alcohol in Thanh Huong commune, Thanh Chuong district, was driving a motorcycle with license plate 37E1-132.74 along the inter-communal road from Thanh Huong to Thanh Thinh. Around 7:30 PM that same day, upon reaching Hamlet 9, Thanh Thinh commune, Kha was driving with a blood alcohol concentration exceeding the legal limit (0.695 mg/1 liter of breath), causing his motorcycle to swerve into the opposite lane and collide with a motorcycle with license plate 37Z4-6832 driven by Nguyen Van Duong (born in 1970, residing in Hamlet 8, Thanh Huong commune).

The investigating police agency established a council to conduct a scene investigation and autopsy, and also requested the Provincial Forensic Examination Organization to determine the cause of death of Mr. Nguyen Van Duong. The Provincial Forensic Center concluded that the victim, Mr. Nguyen Van Duong, died from multiple severe, irreversible injuries, closed head trauma, thyroid cartilage rupture, and severe blood loss due to internal organ contusion. Based on the investigation results, the Thanh Chuong District Police Investigation Agency issued two decisions to initiate criminal proceedings and indict Nguyen Dinh Kha for the crime of "Violating regulations on controlling road traffic vehicles" as stipulated in Article 202 of the Penal Code.

Based on the police investigation file, the results of the scene examination, and the vehicle examination results, the People's Procuracy of Thanh Chuong District affirms that Nguyen Dinh Kha's act of driving a motorcycle while under the influence of alcohol, with a blood alcohol concentration exceeding the prescribed limit, and driving into the opposite lane, violated Clause 8, Article 8, Clause 1, Article 9, and Clause 1, Article 17 of the Road Traffic Law; Nguyen Dinh Kha committed the crime of "Violation of regulations on controlling road traffic vehicles" as stipulated in Point b, Clause 2, Article 202 of the Penal Code. The People's Procuracy of Thanh Chuong District decides to prosecute Nguyen Dinh Kha before the People's Court of Thanh Chuong District for the crime of "Violation of regulations on controlling road traffic vehicles". Based on Clause 2, Article 202 of the Penal Code, the People's Procuracy of Thanh Chuong District determined to apply a sentence of 3-10 years imprisonment. However, considering that Kha honestly confessed his actions during the investigation and, moreover, voluntarily compensated the victim's family with 40,000,000 VND, they proposed applying a sentence of 3-4 years imprisonment.

On May 7, 2013, the People's Court of Thanh Chuong District held a mobile trial in Thanh Thuy commune for the case of "Violation of regulations on controlling road traffic vehicles" causing serious consequences. The trial panel sentenced Nguyen Dinh Kha to 3 years of imprisonment.

Heartbroken mother

In Hamlet 7, Thanh Thinh Commune, when asking for the house of Mrs. Nguyen Thi Ly – the mother of Nguyen Dinh Kha – the locals all expressed concern and sympathy. Mrs. Nguyen Thi Ly has a rather difficult situation; she lives with her son, Kha, and her 5-year-old grandson. As a poor household in the commune, in 2012, Mrs. Ly received 16 million VND from the government to replace her dilapidated house. Struggling to borrow an additional 35 million VND from the bank, she managed to build a fairly spacious three-room house. But before she could even rejoice at her new home, Mrs. Ly was plunged into heartbreak by Kha's story.

Throughout our visit, Mrs. Ly only covered her face and wept. She cried because her son, in his drunken rage, caused a fatal accident and was sentenced to 3 years in prison; because her already poor family had become even poorer as they had sold everything of value; because she felt sorry for her daughter-in-law who was struggling to make ends meet working in the South to pay off debts; and because she felt sorry for her 5-year-old grandchild who had to be separated from both parents... Mrs. Ly showed us her bank loan book with a total debt of 85 million dong (including 35 million dong borrowed for building a house and 50 million dong borrowed to compensate for the damage caused by Kha), and sobbed: "I know that 'a child's folly brings suffering to the parents,' and Mr. Duong's family is suffering even more because his wife has permanently lost her husband, and his two young children have permanently lost their father. But my family is completely destitute, what can I do...?"

This lesson is for everyone.

Those responsible for handling Nguyen Dinh Kha's case understand the family circumstances of Ms. Nguyen Thi Ly, but the trial must ensure strict adherence to the law. Mr. Phan Ngoc Anh, Deputy Chief Judge of the Thanh Cuong District People's Court, said: "Ms. Nguyen Thi Ly's family is in a very pitiable situation. Ms. Ly is frequently ill, her family is very poor, Kha's wife works as a laborer in the South, and her grandchild is still young, yet she has struggled to overcome the consequences for Kha. Ms. Ly's maternal devotion is truly worthy of our consideration. However, the consequences Kha caused are very clear, and moreover, this is a pressing social issue that needs to be dealt with strictly. We organized a mobile trial so that the public could easily understand the proceedings, and after considering the circumstances, the Judging Panel unanimously sentenced Kha to 3 years in prison..."

When asked, Mr. Lam Trong Ly, Director of the People's Procuracy of Thanh Chuong District, replied: Traffic accidents in Thanh Chuong have many causes. But one main cause is that drivers use alcohol while driving, leading to a loss of control over their speed. The case of Nguyen Dinh Kha clearly illustrates this consequence. Therefore, local authorities and social organizations need to actively promote the Road Traffic Law, and everyone must strictly comply with the law by not drinking alcohol while driving.

Nhat Lan