Is ramming into a bakery in Da Nang due to using alcohol and drugs liable to imprisonment according to the law of Vietnam?
What are prohibited acts in road traffic?
Prohibited acts in road traffic are specified in Article 8 of the Law on Road Traffic 2008 of Vietnam and Clause 1 Article 35 of the Law on prevention and control of harmful effects of alcoholic beverages 2019 of Vietnam as follows:
“Article 8. Prohibited acts
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7. Operating a road motor vehicle while there is narcotic in the operator’s body.
8. Operate vehicles under the influence of alcohol.
Operating a motorcycle or moped while there is a concentration of alcohol of over 50 milligrams per 100 milliliters of blood or 0.25 milligrams per 1 litter of breathed air.
…”
As such, the use of alcohol and drugs while driving is a strictly prohibited act.
Is ramming into a bakery in Da Nang due to using alcohol and drugs liable to imprisonment according to the law of Vietnam?
What to penalize when driving a car into a bakery in Da Nang due to using alcohol and drug use?
According to the provisions at Points a and c, Clause 10, Article 5 of Decree 100/2019/ND-CP of Vietnam, the person ramming into a bakery in Da Nang due to the use of alcohol and drugs will be administratively penalized, specifically:
“Article 5. Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
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10. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law enforcement officer’s order for alcohol content testing;
c) Operating vehicles on roads under influence of narcotics;
d) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.
…”
Thus, when driving a car with BAC (for the highest level) and using drugs, you will be fined up to VND 80,000,000 (because the violator commits 2 guilty acts at the same time).
Besides, pursuant to Point h Clause 11 Article 5 of Decree 100/2019/ND-CP of Vietnam:
“Article 5. Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
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11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
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h) The violation(s) specified in Clause 10 of this Article shall lead to suspension of driving license from 22 months to 24 months.”
Besides, pursuant to Point b Clause 1 Article 82 of Decree 100/2019/ND-CP of Vietnam (amended by point a Clause 32 Article 2 of Decree 123/2021/ND-CP of Vietnam):
“Article 82. Impounding vehicles and papers related to operators and vehicles at fault
1. Pursuant to clauses 2 and 8 Article 125 of the Law on Penalties for Administrative Violations (amended in 2020), to immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle before issuing a decision on to impose penalties for the offences specified in the following Articles, clauses and points of this Decree:
a) Point c clause 6; points a and c clause 8; clause 10 of Article 5;
…”
Thus, for this act, you can have your driving license suspended for up to 24 months.
Is there a criminal penalty for this ramming into the bakery?
Pursuant to point b Clause 2 Article 260 of the Criminal Code 2015 of Vietnam (amended by Clause 72 Article 1 of the Law on amendments to the Criminal Code 2017 of Vietnam), the act of ramming into the bakery will be criminally penalized:
“Article 260. Road traffic offences
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2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
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b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;
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5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”
Thus, if the violation has enough elements to constitute a crime, the driver of that car can be imprisoned for up to 10 years, and may be subject to the additional penalty of being banned prohibited from holding certain positions or doing certain jobs for up to 05 years.
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