Is Causing a Traffic Accident Subject to Imprisonment?

I was riding a motorcycle in the same direction and I accidentally caused an accident with the person in front, resulting in their death and me being thrown from the motorcycle about 30-40 meters. I also do not have a driver's license. Both families have resolved compensation and internal settlement. So, may I ask if I still have to go to jail?

Based on Clause 9, Article 8 of the 2008 Road Traffic Law, it is stipulated that operating a motor vehicle without a driver's license is a prohibited act by law.

Your participation in traffic without a driver's license constitutes a violation of road traffic law.

According to Clause 72, Article 1 of the Law amending the Ciminal Code 2017 (amending Article 260 of the 2015 Penal Code), it is stipulated: Anyone who participates in road traffic and violates road traffic safety regulations, causing damage to others in any of the following cases, shall be subject to a fine ranging from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment from 1 year to 5 years if it results in death.

Furthermore, as per Clause 1, Article 155 of the 2015 Code of Criminal Procedure, it is stipulated that criminal cases under the request of the harmed party that fall under Clause 1 of Articles 134, 135, 136, 138, 139, 141, 143, 155, 156, and 226 of the 2015 Penal Code.

Therefore, in this case, you will be prosecuted under legal regulations (even if the harmed party does not request it), and whether you will face imprisonment or not will be considered by the competent authority based on various factors.

Respectfully!

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