How are violations of road traffic regulations handled?

Reply:

Violation of regulations on road traffic participation is an act of violating traffic safety regulations while participating in traffic, driving road vehicles causing loss of life or serious damage to the health or property of others.

Article 260 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the penalties for the crime of violating regulations on road traffic participation as follows:

1. Anyone who participates in road traffic and violates road traffic safety regulations in one of the following cases shall be subject to a fine of from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Causing the death of 01 person or causing injury or damage to the health of 01 person with a bodily injury rate of 61% or more;

b) Causing injury or damage to the health of 02 people with a bodily injury rate of each person from 31% to 60%;

c) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people from 61% to 121%;

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

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:

a) Not having a driving license as prescribed;

b) In a state of using alcohol or beer with blood or breath alcohol concentration exceeding the prescribed level or using drugs or other strong stimulants prohibited by law;

c) Causing an accident and then fleeing to avoid responsibility or intentionally failing to help the victim;

d) Failure to comply with the commands of traffic controllers or guides;

d) Causing the death of 02 people;

e) Causing injury or damage to the health of 02 people with a bodily injury rate of 61% or more for each person;

g) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people from 122% to 200%;

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

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:

a) Causing the death of 03 people or more;

b) Causing injury or damage to the health of 03 people with a bodily injury rate of 61% or more for each person;

c) 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;

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

4. A road traffic participant who violates road traffic safety regulations and causes injury or damage to the health of one person with a bodily injury rate of 31% to 60%, or causes injury or damage to the health of two or more people with a total bodily injury rate of 31% to 60%, shall be subject to a fine of 30,000,000 VND to 100,000,000 VND or non-custodial reform for up to three years.

5. Violations of road traffic safety regulations that are likely to actually result in damage to the life, health or property of others if not prevented in time shall be subject to a fine of VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 01 year or imprisonment of 03 months to 01 year.

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

Thus, for the crime of violating regulations on road traffic participation, the highest prison sentence is up to 15 years.