Bus driver's act of barricading himself in vehicle can result in imprisonment
(Baonghean.vn) - The act of parking the car in the middle of the lane and not allowing the inspection team to get on the car to check the goods, causing a traffic jam on National Highway 1A, by the driver Anh Khuyen, negatively affects social order.
» The driver continued to hold out after his car was towed by the police.
Regarding the incident in which the Anh Khuyen bus driver refused to comply with the request to check the goods; barricaded himself in the car for many hours, causing traffic congestion on National Highway 1A in Cau Giat town, Quynh Luu district, Dr. Lawyer Trong Hai - Head of the Law Office of Trong Hai and Associates, has the following opinion:
In terms of behavior, the driver's behavior of parking in the middle of the lane and not leaving the steering wheel, frequently moving in the car, making phone calls and resisting opening the door, not getting into the driver's seat, not allowing the working group to get into the car to check the goods, causing traffic congestion on Highway 1A. Traffic police had to arrange forces to separate traffic in one direction for many hours, while Highway 1A is considered an important and vital traffic route. Thus, the above behaviors are considered to have a negative impact on social order, causing serious consequences.
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The incident caused traffic congestion on National Highway 1A. |
According to the 2015 Penal Code, the above behavior is a crime of disturbing public order. Article 318 stipulates:
1. Anyone who causes public disorder that negatively affects social security, order, or safety, or has been administratively sanctioned for this act or has been convicted of this crime, but has not had his/her criminal record expunged, but still commits the violation, shall be subject to a fine of VND 5,000,000 to VND 50,000,000, non-custodial reform for up to 02 years, or imprisonment of from 03 months to 02 years.
Refer to the provisions of Resolution 02 of the Council of Judges guiding the provisions of the 1999 Penal Code: Regulations on acts of disturbing public order "causing serious consequences and subject to criminal liability" include provisions on acts of obstructing traffic for less than 2 hours.
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Bus driver barricaded himself in car for hours |
Thus, it can be concluded that the Driver's behavior caused traffic congestion for many hours, barricaded himself in the vehicle, caused serious consequences, negatively affected security and traffic safety, and violated the Crime of disturbing public order, as prescribed in Article 318 of the 2015 Penal Code.
PV (note)
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