HCMCThe Court of Appeal asked to clarify the property of Nguyen Tran Hoang Phong, the Mercedes driver who ran the flight attendant, to ensure compensation for the victims.
On the afternoon of April 22, after a day of trial, the Ho Chi Minh City People’s Court decided to cancel the first instance court, return the file to the People’s Court of Phu Nhuan district to investigate and adjudicate against Phong, 33 years old, on the crime Violating the regulations on road traffic.
Phong is a person who rents a Mercedes carrying a group of friends running in the opposite direction on Hong Ha Street, heading to Tan Son Nhat airport, and crashes directly into the driver’s car, GrabBike Le Manh Thuong carrying flight attendant Nguyen Thi Bich Huong in the morning 30/1 2020 – 6th of Tet. The accident caused Mr. Thuong’s death, Huong injured 79%.
Before the court appeals session, the VKS asked the VKS to verify information about Phong’s mother and the notary to go to the place where the defendant was detained, notarize the transfer of the name of the defendant’s apartment to her. Phong Khai only stands in the name of the apartment to help her mother because she does not have a household registration book, now she transfers it so that she can replace the defendant to overcome the damage to the victims.
According to the Panel, this contradicts the defendant’s testimony at the first instance session. At the first instance, it is not clear whether this apartment is the property of Phong or the defendant’s mother. The investigation by the first instance level is a flaw that the appellate level cannot remedy, so the entire judgment must be canceled to re-investigate and re-adjudicate in accordance with due process.
In addition, the Panel also said that, at the first instance, the Center for Infrastructure Management of Ho Chi Minh City (the management unit with broken trees in the accident) participated in the proceedings as people with related rights and obligations Is not right. The appellate level also failed to remedy this breach of the proceedings.
Verdict of first instance determinedPhong did not have a driver’s license and used fake papers to rent a Mercedes for VND 2.5 million a day. When he caused an accident, he drove the car 34 km / h above the permitted speed (50 km / h). Phong threw away fake papers on the way to escape. The next day he surrendered.
The test results showed that Phong is positive for drugs. Before the accident, Phong and his friends went to a bar in Binh Thuan province.
At the end of last year, the People’s Court of Phu Nhuan district sentenced Phong to 7 years and 6 months in prison, forced compensation for Ms. Huong 1.4 billion and Mr. Thuong 447 million.
Phong appealed to reduce the penalty, and the victims appealed to increase the penalty. In addition, Ms. Huong and Mr. Thuong’s family asked the court to clarify that the defendant transferred his apartment to his mother to avoid the liability of compensation, proposed to distrain the apartment to ensure compensation for the victims.
In court today, Ms. Mi (the defendant’s mother) said that during her detention, Phong sent her 150 million VND to take care of compensation for the victims, but since the two victims did not accept, she extracted 30 million dong to compensate for the tree management company. With the remaining VND 120 million, she would like to compensate Ms. Huong and his family of VND 60 million each.
When the court took a break, Ms. Mi transferred the money to the two victims.