Thinking about a traffic accident: Daughter died, father received sentence

According to the records, at around 3:30 p.m. on November 27, 2016, after drinking alcohol, Mr. Phuc drove a motorbike carrying his biological daughter PBN (13 years old) on Vong Cung Street from National Highway 91 to Truong Lac Ward. When he reached Binh An area, Phuoc Thoi Ward, O Mon District, Can Tho, he collided with Mr. V's motorbike going in the opposite direction.

The accident injured all three people and they were taken to the hospital by locals. N., Mr. Phuc’s daughter, was so badly injured that she later died. The medical examiner concluded that N. died from severe traumatic brain injury.

Defendant Pham Van Phuc choked up throughout the appeal hearing. Photo: MALE RING

Investigation at the scene showed that the accident occurred because Mr. Phuc lost control of the steering wheel when driving on a curve, so he crossed into the left lane and hit Mr. V's car. The defendant's alcohol concentration while driving was measured at 209.8 mg/100 ml.

Mr. V. did not request compensation and refused appraisal.

At the first instance trial, the People's Court of O Mon District sentenced Mr. Phuc to two years in prison. Mr. Phuc and the victim's representative appealed for a suspended sentence.

At the appeal hearing, Mr. Phuc cried as soon as he stepped into the dock. His cries grew louder and louder, causing his entire family, including his elderly mother, wife, and a child sitting in the audience, to cry as well.

The details of the case are quite simple, there is nothing to argue about. After deliberation, the panel of judges determined that the defendant was driving a motorbike while under the influence of alcohol, with an alcohol concentration four times higher than the prescribed limit, and driving on the left side of the road, which is a violation of the Road Traffic Law. As a result, the defendant caused a traffic accident that injured one person and killed the defendant’s daughter. It was the defendant’s illegal actions that caused the death of the defendant’s daughter.

According to the law, this behavior is a violation of regulations on road traffic control. If you commit a crime, you must be punished. Therefore, according to the panel of judges, the court of first instance judged the defendant correctly and committed the right crime. When sentencing, the court of first instance also considered reducing the sentence for the defendant. Currently, this type of crime still occurs frequently, causing great damage to the lives, property, and health of many people, so a severe punishment is needed. The sentence that the court of first instance handed down is not severe.

However, the court found that this case had a special circumstance in that the victim was also the defendant's child, and the victim's pain was also the defendant's pain. Therefore, the court considered it necessary to give the defendant a suspended sentence, which was sufficient for general education and prevention for society.

The appellate court then accepted the appeal, changing the sentence from two years in prison to two years suspended sentence for the defendant.

After the court accepted the suspended sentence, the defendant seemed not to have heard clearly, and had to go to the legal aid officer to ask again. The reporter asked the defendant: "After the tragic accident, did you dare to drink alcohol again?" The defendant sadly replied: "I have stopped drinking." "The incident that day was because I drank alcohol at the funeral. In the afternoon, my wife called me and told me to pick up my child. The whole family only had one car and I was driving, at that time I felt sober so I went to pick up my child like every day. Unexpectedly, the accident happened, the consequences were so heartbreaking..." - Mr. Phuc choked.