11/07/2022 08:41

05 cases of deliberately causing injury due to the use of alcohol and beer in Vietnam

05 cases of deliberately causing injury due to the use of alcohol and beer in Vietnam

Wine and beer are two indispensable drinks in the fun. However, beer and alcohol are also things that easily make users lose control and their violations, thereby leading to conflicts, arguments, and fights that cause injury. Under applicable law of Vietnam, a person who injures another person in a state of being said is still liable for willful injury and cannot be treated as an extenuating condition.


The following is a summary of 05 cases of the crime of deliberately causing injury due to friction while using beer and alcohol, invite readers to consult.

1. Sentencing for intentionally causing injury No. 64/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Tan Chau district, Tay Ninh province

- Quote from the content: "Around 12 o'clock on January 3, 2021, Nguyen Tiet L went to Mr. Le Minh Thuan's house, born in 1969, living in Hamlet C, Tan Hoa Commune, Tan Chau District, Tay Ninh Province to have a party to celebrate his grandchild's birth, Mr. Th1's maternal grandfather. When he came here, L sat down to drink beer with Mr. Tran Cong Th, who was born in 2004; Mr. Nguyen Thanh T, born in 1990, lives in Tan Thuan hamlet, Tan Hoa commune, Tan Chau district, Tay Ninh province and some relatives with L. While drinking beer, seeing that Mr. T was drunk, L pushed Mr. T and went away to the bedroom to sleep but Mr. T refused, L's family thought that L hit Mr. T, so they scolded L, L and the family quarreled. At this time, Mr. Th was helping to clean up, L saw Mr. Th holding a water bottle, thinking that Mr. Th intended to hit him, so he cursed and challenged him to fight with Th. After that, Mr. Th left behind the rubber garden, L went to the lake area behind Mr. Th1's house, took a knife, and went to cut Mr. Th once and hit his right hand. As a result, Mr. Th was injured and was taken to the emergency room at Tay Ninh Provincial General Hospital.”

- Court's decision: Sentencing defendant Nguyen Tiet L 09 (nine) months in prison for the crime of "Intentionally causing injury".

2. Sentencing for intentionally causing injury No. 94/2021/HSST

- Level of trial: First instance

- Judicial body: People's Court of District C, Can Tho city

- Quote from the content: "Around 6 p.m. on December 4, 2020, after drinking alcohol at a friend's house near Cai Sau Bridge, Ward P, he walked home to Residential Area N, Area T, Ward P, District C, Can Tho City. When he came to Street No. 61, Residential Area N, he saw Huynh Huu P drinking alone on the sidewalk, so N went in and drank together. While drinking, the two had an argument with each other. At this time, Le Van D, who lived in the same neighborhood as P and N, drove a motorbike to see that he stopped the car to intervene. P got up to leave, but N also got up to follow P. Both stood facing each other, continuing to fight. At this time, N used his left hand to push hard on P's chest, causing P to fall backward, his head hitting the ground. After that, everyone dissuaded P and N, so P and N went home. On December 7, 2020, P showed signs of convulsions, so his family took him to Military Hospital 121 for emergency treatment.

- Court's decision: Declare Huynh Phong N to commit a crime: "Intentionally causing injury". Penalty: Huynh Phong N 02 (two) years in prison

3. Sentencing for intentionally causing injury No. xxx/2021/HSST

- Level of trial: First instance

- Judicial body: People's Court of Bao Lam district, Lam Dong province

- Quote from the content: "Tran Xuan T, Hoang Van D and some friends went to Long Nang restaurant in village 1, B'La commune, Bao Lam district to drink alcohol. When T was drinking, Hoang Van D came over to T's table to invite him to drink, but T did not drink, leading to a conflict between T and D, T used a chair to hit D's back but was prevented by everyone. T continued to drink for a while when a friend named Duc called to say that someone had come to fight. Hearing that, T went home to get 02 knives (01 knife about 81cm long, wooden handle and 01 knife about 40cm long) and then went back to Long Grill shop. After waiting for a while, no one came, so T brought 02 knives to his house to stash them when he met Mong Quyet C who was going to Hoang Dinh Tung's internet shop in hamlet 4, B'La commune, Bao Lam district to play games. Seeing C looking, thinking that a group of people was looking for him, T turned to chase C. When C was going to Mr. Tung's internet shop, T took a knife 81 cm long and slashed it 1 time on Mr. C's left shoulder, then everyone intervened to take C to the B'La commune health station for emergency treatment, and transferred to Lam D II Hospital for treatment."

- Court's decision: Declare Defendant Tran Xuan T guilty of "Intentionally causing injury". Sentencing defendant Tran Xuan T to 6 months in prison. The time limit for serving an imprisonment sentence is counted from the date of arrest and judgment execution.

4. Sentencing for intentionally causing injury No. 46/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Nam Dan district, Nghe An province

- Quoting the content: "Nguyen Van A went to Mr. Nguyen Thanh D's house and met Mr. D sitting on the porch drinking with Mr. Nguyen Nhu L. Mr. Nguyen Thanh D invited Nguyen Van A to drink, Nguyen Van A refused and sit and play in the yard drinking water. Then, Mr. Nguyen Nhu L told Nguyen Van A, "You beat my wife and broke her teeth without knowing it". The two sides argued for a while, then Nguyen Van A left. At this time, Mr. Nguyen Nhu L held a cigarette and pointed at Nguyen Van A and continued, "your father was beaten to death by me", then Nguyen Van A returned and took a knife (21 cm long, the widest part of the knife is 4.5 cm, knife handle 11 cm long, round cylinder 2.5 cm diameter) in the corner of Mr. Nguyen Thanh D's yard, approached Mr. Nguyen Nhu L and then struggled and pushed with Mr. Nguyen Nhu L inside Mr. Nguyen Thanh D's house. Meanwhile, Nguyen Van A took a knife in his left hand and slashed many times at Mr. Nguyen Nhu L, then he hit 01 time in his right forearm and 02 hits in the head, causing Mr. Nguyen Nhu L to be injured. Seeing this, Mr. Nguyen Thanh D intervened, took the knife in Nguyen Van A's hand, and pushed Mr. Nguyen Nhu L and Nguyen Van A out. As a result, Mr. Nguyen Nhu L was injured in the right forearm and 02 wounds in the head area. On April 20, 2021, Mr. Nguyen Nhu L made an application for an injury assessment and requested to prosecute a criminal case.

- Court's decision: Sentencing defendant Nguyen Van A 09 (Nine) months to a suspended sentence, a probationary period of 18 (Eighteen) months for the crime of "Intentionally causing injury". The probationary period is counted from the date of first-instance judgment.

5. Sentencing for intentionally causing injury No. 97/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Vung Tau city, Ba Ria - Vung Tau province

- Quoting the content: "About 20:00 on June 26, 2020, Truong Viet H was eating and drinking at Ms. Le Dieu Th's restaurant, whose address is 10xx 30/4 street, M1 ward, city V, saw Tran Vu L and D (unknown identity) go into the shop, seeing that H invited L to drink. While drinking, L and H had a quarrel, seeing that Thu chased L, H, and D out and closed the door. L and H continued to push and quarrel. At this time, D rushed in with his hands and feet to hit H. L used his left hand to take a knife about 30cm long, a wooden handle about 10cm long, and cut it into Mr. H's hand. Mr. H ran away, L chased and slashed many times. H continued to run into the alley on the side of the house when he saw D and L chasing him, so he ran into the house, closed the door, and was then taken to the emergency room."

- Court's decision: Declare defendant Tran Vu L (White) guilty of "Intentionally causing injury". Penalty: Tran Vu L 07 (Seven) years in prison

Phuong Uyen
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