13/04/2023 15:07

Collection of judgments on the crime of unintentionally causing injury by driving in Vietnam

Collection of judgments on the crime of unintentionally causing injury by driving in Vietnam

"I'm looking for some judgements regarding unintentionally causing injury by driving in Vietnam and I hope Lawnet can help me. Thank you!"_Huu Loc (Hanoi)

Hi, for the content you requested, Lawnet would like to send you the following judgments:

1. Judgment on unintentionally causing injury No. 103/2022/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Long Thanh district, Dong Nai province

- Quoted content: "Thap Y D is a warehouse assistant for finished products at GM V.T.C. Joint Stock Company, LT district. On August 31, 2019, D operated a forklift (without being assigned a task and without a forklift driver's license) to transfer goods from the warehouse to a truck with plate number 71C-057.xx; and Mr. Dao Xuan H is a loading and unloading employee of Phuong N Transport and Handling Company. During the control to reverse, the forklift puts H on the ground (now H is standing on the pallet; below is the fork of the forklift) D reversing the car was not safe, causing Mr. H to fall but still cling to the fork of the forklift. At the same time, the rear of the upper forklift forced Mr. Nguyen Van L into the truck with license plate number 66C-039.xx parked nearby. Seeing Mr. L scream loudly, D controlled the car to go forward, and the fork of the forklift pressed the abdomen and back of Mr. H into the truck with plate number 71C-057.xx. As a result, Mr. Dao Xuan H was taken to the emergency room at Ba Ria Vung Tau Hospital with injuries to the abdomen and broken ribs No. 9-10-11 on the right; Mr. Nguyen Van L was taken to the emergency room at the Ho Chi Minh City Orthopedic Hospital and then transferred to Binh Dan Hospital in Ho Chi Minh City for treatment with urethral injuries and pelvic fractures."

2. Judgment on unintentionally causing injury No. 08/2022/HS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dien Bien province

- Quoted content: "On January 21, 2019, Mr. Truong Dang T contributed capital to Long G Company Limited, Dien Bien province, with the property of a car with a license plate 27B- 000.xx. On December 1, 2020, Mr. T signed a contract to hire defendant Tran Dinh Th as the driver of a car with a license plate of 27B-000.xx transporting passengers on the Hai Phong - Dien Bien route. On December 3, 2020, defendant Th drove the car back to Dien Bien Phu city, turned into the bus station in Dien Bien P city, Dien Bien province, to drop off passengers. When entering the station, the defendant saw Mr. Nguyen Cong D, a bus station employee, walking in the yard near the bus station gate, holding a loudspeaker in one hand and waving the defendant's car in the other. Then Mr. D turned to look in the other direction. The defendant continued to drive the car to the left to enter the position indicated by Mr. When the front of the car passed close to where Mr. D was standing, he was negligent, subjective, and did not observe the rearview mirror, so he collided with his back, causing Mr. D to fall back to the ground, his lower body under the car. The defendant did not know to stop the car but still steered it forward, so the left front wheel pressed against Mr. D's buttocks and right leg. Hearing the loud shout, the defendant backed up the car, stopped, and together with everyone took Mr. D to the emergency at Dien Bien Provincial General Hospital."

3. Judgment on unintentionally causing injury No. 560/2020/HS-PT

- Judgment level: Appellate

- Judicial body: People's Court of Ho Chi Minh City

- Quoted content: "On July 30, 2019, Tran Minh T drove a passenger car with plate number 51B - 310.xx circulating from the direction of An Lac roundabout to gate 1 of Mien Tay Bus Station at address 395D, X Quarter, An Lac Ward, District B to pick up passengers of Company P. When approaching light pole 85 in the bus station, T changed directions to turn left so that the left front of the car collided with the right shoulder of Mrs. Nguyen Thi L, who was walking from Gate 1 to the bus stop area, causing her to fall on her stomach and being run over by the left front wheel. At this time, Mr. Diep Minh S discovered the incident, took Ms. L to Cho Ray Hospital for emergency care, and reported it to the ward police station. The accident caused Ms. L's left leg to be broken, as well as her bones and skin. The total rate of bodily harm caused by injuries at the time of victim Nguyen Thi L's assessment was 84%." 

4. Judgment on unintentionally causing injury No. 60/2022/HS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dak Lak province

- Quoted content: "Ho Duc V signed a labor contract with Van C, a one-member limited liability company, V's job in the company with the position of managing, supervising, and monitoring the operation of machinery and vehicles at the quarry. On November 25, 2020, V and Mr. Le Viet H, who are excavator drivers, and Mr. Phan Van T, who is a worker for the Company together to repair excavator motorcycles with license plate number: 47XA - 09xx, which had been damaged by the Company. Although it is not V's duty, after repairing some parts of the excavator, V arbitrarily climbed into the control cabin and ordered the vehicle to move to the place where the chain was installed. Due to not paying attention, V let the bucket of the excavator collide with Mr. H's body, who was standing nearby, causing Mr. H to fall into the excavator. Consequences: Mr. H was injured and had to go to Military Hospital 7A Logistics Department of Military Region 7 to treat his injuries. Mr. Le Viet H suffered an injury rate of 87%.

5. Judgment on unintentionally causing injury No. 11/2019/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of TC town, An Giang province

- Quoted content: "On April 23, 2018, Mr. Le Phu L hired Nguyen Thanh Q to drive a special-use motorbike (excavator) to Mr. Le Chi T's pond area in VT 1 hamlet, TC town, to repair the pond for T.
Here, Q saw Mr. Le Quoc T and Mr. Truong Van B standing on the left side of the special-use vehicle, about 03 - 04 meters away. There were no safety barriers around, but Q still controlled the truck's scoop. While controlling the ladle, Q scooped up a banana tree, causing the banana tree to fall into the cabin and the banana leaf to hit Q's face. Q waved his left hand, holding the handle of the ladle, to push the banana leaf out. Because Q removed the steering wheel, he took the controller and nodded backward; the ladle turned to the left, where Mr. T and Mr. B were standing. Seeing that, Mr. T immediately backed away to avoid the ladle, after that, the ladle continued to rotate and hit Mr. B's body, causing B to fall to the ground, then the ladle pushed Mr. B into the bush and the grave floor near where Mr. B is standing. At this time, Mr. T immediately shouted, Q controlled the ladle to stop, saw that Mr. B's buttocks were bleeding, and Mr. T and Q brought Mr. B into the house. After that, Mr. B was taken by his family to the AG Provincial General Hospital in Chau Doc City for treatment of his wounds. Due to his serious injury, Mr. B was transferred to Cho Ray Hospital in Ho Chi Minh City for further treatment. On July 10, 2018, Mr. B requested the criminal handling of Nguyen Thanh Q in accordance with the law. On October 31, 2018, the Investigation Police Agency, TC Town Police, prosecuted Nguyen Thanh Q for the crime of: "inadvertently causing injury".

Hua Le Huy
307


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