Nghe An prosecutes 8 subjects who resisted traffic police checking alcohol concentration

Reckless, reckless

Recently, at around 9:00 p.m. on May 15, a working group of the Traffic Police Team of Nghi Loc District Police was on duty on National Highway 48E, passing through Nghi Thach Commune (Nghi Loc) when they discovered a young man driving a motorbike without a helmet and showing signs of alcohol use, so they signaled him to stop for inspection. However, the young man did not comply with the order and drove straight into the working group, causing Lieutenant Colonel Hoang Quang Vinh to break his leg.

After the incident, the task force quickly took Lieutenant Colonel Hoang Quang Vinh to the Nghe An Trauma and Orthopedics Hospital for emergency treatment; at the same time, they controlled and brought the subject to the district police headquarters to assist in the investigation. Here, the subject declared his name as Le Thanh Hoang (born in 1996), residing in Nghi Thinh commune, Nghi Loc district. Before driving the car into the task force, the subject had consumed alcohol and beer. Currently, Nghi Loc district police are temporarily detaining the subject to investigate and clarify the act of resisting a person on duty.

Previously, at around 8:00 p.m. on January 21, a working group of the Traffic Police Team, Vinh City Police, was patrolling and handling alcohol violations at Km464+800, National Highway 1A (Tran Phu Street, Vinh City) and discovered a red car with license plate 37K-270.92 moving on the road with signs of alcohol violations. When Captain Nguyen Minh Thong signaled for the car to slow down and guided it into the alcohol testing lane, the driver did not comply and reversed the car, then turned around and drove in the opposite direction. Notably, when the working group approached, the driver of the vehicle did not stop but drove straight into the working group members.

When the car fled to Chu Van An Street, it was stopped by the checkpoint force, arrested and taken to Vinh City Police Headquarters to make a record and arrest the offender for resisting a person on duty. Through alcohol testing, the functional force determined that the driver of the car, Phan Cong Doan, had violated the level of 0.399 mg/breath.

In Que Phong district, at around 8:00 p.m. on January 6, the Traffic Police Team, District Police received a report that a man driving a car with license plate 37C-361.33 from Kim Son town to Chau Kim commune showed signs of using alcohol. The team signaled the car to stop for inspection, however, the driver, Ngan Van Hung (born in 1993), residing in Nam Giai commune, Que Phong district, did not comply and acted in defiance, driving the car forward and crashing into the team's car, causing the car to fall onto the road, injuring a traffic police officer, then accelerated and fled.

At the time of the incident, in the car driven by Ngan Van Hung were also Quang Van Trung (born in 1994) and Vi Van Chuong (born in 1987), both residing in Nam Giai commune, Que Phong district. These subjects did not stop but instead used words and actions to incite Ngan Van Hung to resist the authorities and run away.

Realizing that the behavior of Ngan Van Hung and the subjects was very reckless, possibly endangering people and vehicles participating in traffic, the Working Group reported to the unit's leaders to direct forces to urgently investigate to clarify. At 8:00 a.m. on January 7, realizing his wrongdoings, Ngan Van Hung went to the police station to surrender. After consolidating the case file and related documents, on January 16, the Investigation Police Agency of Que Phong District Police issued a decision to prosecute the above 3 subjects for the crime of "Resisting a person on official duty". Ordered temporary detention for Ngan Van Hung and ordered a ban on leaving the place of residence, temporarily suspending exit for Quang Van Trung and Vi Van Chuong.

The above are just 3 of dozens of cases related to non-compliance with inspection requests and resistance to law enforcement officers in recent years in the area.

Particularly from the beginning of 2024 until now, in the implementation of the alcohol concentration topic, there have been 5 cases of resisting law enforcement officers, of which 4 cases have been prosecuted, 8 subjects and 1 subject is currently being detained.

Resolutely handle seriously

Reality shows that the behavior of not complying with inspection requests and resisting law enforcement officers in general and traffic police in particular is becoming more and more complicated. Opposing subjects not only use insulting and abusive words, but also commit increasingly reckless acts such as driving cars in the opposite direction, ramming cars straight into traffic police, causing psychological stress in the force, frustration and anger in public opinion.

Lieutenant Colonel Nguyen Nam Hong - Deputy Head of the Traffic Police Department of the Provincial Police said: The cause of acts of resistance against law enforcement officers in general, and traffic police officers during alcohol testing in particular, comes from the lack of understanding and inadequate awareness of the law by a part of the people, especially young people. Those who resist consider being punished as a loss and frustration without thinking that the authorities are handling violations to ensure the safety of themselves and those around them. Not to mention a part of the youth are hooligans, due to previous use of alcohol and beer, so they cannot control their behavior.

Driving into a police force is a dangerous act that the subject knows in advance that it can lead to death but still deliberately commits. Therefore, in addition to applying strict penalties when traffic participants do not comply with the request to check alcohol concentration as prescribed in Decree 100, it is necessary to consider criminally handling the subjects according to the regulations.

Specifically, in serious cases, if all elements of a crime are present, the violator may be prosecuted for the crime of resisting a person on official duty as prescribed in Article 330 of the Penal Code, with the maximum penalty being up to 7 years in prison.

These cases also need to be brought to mobile trials in residential areas for propaganda, deterrence and general education. In addition, the authorities need to study increasing the penalty level compared to current regulations.

DOCTOR, LAWYER TRONG HAI - DIRECTOR OF TRONG HAI & ASSOCIATES LAW FIRM

Colonel Tran Ngoc Tuan - Deputy Director of the Provincial Police said: To contribute to reducing traffic accidents and building a safe traffic culture, in the coming time, the Provincial Police will continue to direct specialized departments and local police to strengthen inspection and handling of violations of traffic safety order that are the cause of traffic accidents, in which, focusing on violations of alcohol concentration with the motto "no forbidden zones, no exceptions".

For cases of intentional non-compliance with inspection requests, resistance, and affecting the health and lives of law enforcement officers, the Provincial Police require units to conduct investigations, complete full records, and strictly handle them according to the provisions of law.