Need to criminalize drunk driving

According to experts, drunk driving can be considered a crime because the consequences are visible, they can run over and kill someone.

According to statistics, currently each year in our country there are about 10,000 people dying from traffic accidents. According to statistics from the World Health Organization (WHO), in 2014, traffic accidents related to alcohol and beer accounted for 36.5%, of which 35.7% were men.

Many people believe that although traffic accidents caused by drinking alcohol are so common, the detection of violations and handling of alcohol levels are very limited, and the lack of strict handling is also the reason why traffic accidents have not decreased in recent times. Therefore, it is necessary to strictly handle drivers who drink alcohol and cause traffic accidents, even criminally prosecute these acts.

Need to criminalize drunk driving

Master of Law Nguyen Duc Hung, Bross and Associates Law Firm, also believes that the level of punishment is not enough to deter, which is only one of the reasons leading to traffic violations, as well as traffic accidents in recent times. The issue of criminalizing traffic violations is necessary, many countries in the world have done it, the Vietnamese Penal Code also has some regulations on types of crimes related to traffic violations (Articles 202, 204 and 205 of the Penal Code..). However, which acts to criminalize, what types and levels of punishment need to be researched, considered and evaluated very carefully, thoroughly and comprehensively by the authorities.

Traffic police check driver's alcohol concentration (Photo: VNA)

“In my opinion, we should criminalize common violations that are the main causes of traffic accidents today, such as: Driving while drunk or using other stimulants, exceeding the speed limit at a particularly dangerous level... To avoid the abuse of criminal handling, as well as to minimize negative impacts on other aspects of social life, criminal handling should only be applied to cases of recidivism, with sanctions (punishments) that are mainly educational and deterrent, such as: Warnings, fines, non-custodial reform, confiscation of vehicles, and fixed-term imprisonment should only be applied in cases of serious consequences” - Nguyen Duc Hung proposed.

Citing the provisions of the Law in the laws of some countries in the world, Professor Thai Vinh Thang (Hanoi Law University) said that France divides criminal offenses into 3 types: murder, common crimes and petty crimes. In Europe, there are also 3 types of criminal offenses: driving through a red light without causing an accident, driving without a license without causing an accident, and driving while drunk are all criminally prosecuted. It is not simple, drivers who violate the law are only fined on the road and given a ticket by the police, but they also have to go to court to handle these issues. In court, they mainly impose fines and detain violators for up to 7 days, but importantly, people consider it a crime and thus reduce traffic violations.

“Every year, Vietnam has about 10,000 people die in traffic accidents. This number is very high compared to other countries, one of the reasons is that the handling is not strict. There are traffic accidents where a car stops at a red light but the container runs over the car. This situation shows that the safety of human life in Vietnam is very low. Therefore, some acts of violating traffic laws should be criminalized, only then will there be a deterrent effect” - Professor, Dr. Thai Vinh Thang said.

According to Dr. Nguyen Dang Dung, drunk driving can also be a crime because the danger is foreseeable. “Drunk driving is not considered a crime at present, only an administrative penalty, which is not enough of a deterrent. In my opinion, people who drive drunk should be considered criminals because the consequences are visible, they can run over and kill people.”

Strict laws are useless when the enforcers are negative.

According to Lawyer Ta Quoc Long, Duc Bao Law Firm, traffic violations or the responsibility to protect traffic works are considered crimes when they meet all the elements of a crime as stipulated from Article 202 to Article 220 of the 1999 Penal Code. The Code has foreseen and adjusted to all areas of roads, railways, waterways, airways... "The penalties for these types of crimes are not light at all, ranging from fines to 20 years in prison. Thus, it is not because the penalties are not strict that traffic accidents increase."

Lawyer Ta Quoc Long said that the problem lies in considering the responsibility to themselves and the community of traffic participants or those responsible for managing traffic works. Responsibility requires each person to strictly perform the obligations related to traffic as prescribed by law. At the same time, those responsible for enforcing the law need to be truly clean when performing their duties, not ignoring the mistakes of traffic participants for small benefits, thereby educating their awareness of obeying the law and preserving the quality of traffic works from the destruction of violating vehicles.

Master of Law Nguyen Duc Hung also believes that increasing the level of fines is not the optimal solution, but can mainly solve these problems. The general mentality of everyone is that no one wants to violate and even less wants to be punished, whether heavy or light, little or much, but many people still violate the law. There are many reasons leading to this situation such as: Culture, habits and traffic awareness of people, limited and weak traffic infrastructure, or for economic benefits such as overloading, exceeding the prescribed number of people...

“Even with the negative aspects of the public service force, which have assisted and protected violations, many people think that when violating, they only need to bribe the authorities or ask for the intervention of relatives and friends to avoid being punished. That requires us to have many diverse and synchronous solutions, in which the key and most important issue must still be educational measures, raising people's awareness of obeying traffic laws, as well as ensuring the "cleanliness" and compliance with the law of those who execute public services" - Nguyen Duc Hung emphasized./.

According to VOV.VN