How is it handled if an unqualified person is assigned to drive a railway vehicle?

PV March 12, 2024 11:29

(Baonghean.vn) - How will a person who does not have a train driving license, who is under the influence of alcohol or beer, or who does not meet the conditions to drive a railway vehicle causing damage to others be handled? - Mr. N.D.H in Dien Chau district asked.

Article 271 of the 2015 Penal Code (amended in 2017) stipulates the crime of entrusting an unqualified person to drive a railway vehicle, as follows:

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Illustration photo.

1. Any person who allows a person without a train driving license or a person who is under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed level, using drugs or other strong stimulants or not meeting other conditions prescribed by law to drive a railway vehicle causing damage to another person in one of the following cases or who has been disciplined or administratively sanctioned for this act but still commits the violation, shall be subject to a fine of from 30,000,000 to 100,000,000 VND, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Causing death;

b) Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

c) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

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

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

a) Killing 02 people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

c) Causing property damage from 500,000,000 to under 1,500,000,000 VND.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 12 years:

a) Causing the death of 03 people or more;

b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

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

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How is it handled if an unqualified person is assigned to drive a railway vehicle?
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