On the evening of 9/7, 31-year-old Nguyen Khuong Duy was sentenced to two years in prison by the People's Court of Area 1, Tuyen Quang Province, for "Violation of regulations on road traffic participation" under Article 260, Clause 1, Point a of the Penal Code.
Duy, a former police officer in Yen Son district, Tuyen Quang province, was stripped of his title on 20/2, two months after the incident.
The Tuyen Quang provincial prosecutor's office determined that on the afternoon of 21/12/2024, Duy was driving his car with his wife from their home to Tuyen Quang city center. Upon reaching Tan Trao street, a residential area marked with appropriate signage, Duy was driving on the right side of the road. An oncoming car was approaching in the opposite direction, followed by a motorbike attempting to cross the street. Additionally, a truck was parked on the right side of the road in Duy's direction of travel.
The prosecution accused Duy of failing to observe traffic signals, maintain proper observation, and reduce his speed to ensure he could stop safely while driving through a populated area with obstacles on the road, violating the Law on Road Traffic Order and Safety.
Consequently, while swerving to avoid the motorbike, Duy lost control of his vehicle. He veered to the right, off the roadway and onto the sidewalk, crashing into a house, damaging property, and fatally striking the 17-month-old girl. The child's mother suffered a concussion and a 1% injury, from which she has since recovered, according to the medical examiner's report.
Authorities confirmed that Duy's blood alcohol and drug tests were negative.
During the investigation and in court, Duy admitted to the act but claimed his brakes malfunctioned. He requested that the motorbike driver be prosecuted, arguing that they caused him to swerve and crash.
Representing the victim's family, lawyer Nguyen Anh Thom argued that both of Duy's points were baseless. The lawyer pointed out that Duy's car was purchased in 2023, regularly maintained, and had no history of brake problems, a critical safety component. The lawyer asserted the fault lay entirely with Duy for failing to obey traffic signs, maintain proper observation, and reduce his speed in a residential area with obstacles.
"Since there was no collision between the motorbike and Duy's car, there's no basis to prosecute the motorbike driver," the lawyer explained, expressing the victim's family's wish for a severe penalty, given the irreparable loss Duy caused.
The court acknowledged Duy's initial compensation payment of 151 million VND and ordered him to pay an additional 234 million VND for emotional damages, in addition to his prison sentence.
Regarding Duy's wife, the prosecutor's office confirmed that she initially claimed to be the driver but later recanted, stating her husband was driving. She received an administrative fine for providing false testimony.
The motorbike driver, having had no contact with Duy's car and bearing no fault in the accident, was not prosecuted, according to the indictment.
Hai Thu
