The Phnom Penh Post

Capital fatal drink-drive case ‘severe’: Malin

- Vong Daravady

MINISTRY of Justice spokesman Chin Malin has clarified that the charges brought against the 56-year-old drunk driver responsibl­e for a recent fatal road accident near Phnom Penh’s Russey Keo overpass are not minor as claimed by some.

Contrary to assumption­s, he said the charges are more severe than those typically associated with involuntar­y manslaught­er.

The Phnom Penh Municipal Court has charged Neang Sam Oun, a customs official, on January 23 with reckless driving leading to deaths and injuries.

This tragic incident, which claimed at least four lives, occurred on the evening of January 20 at a busy intersecti­on near the Russey Keo overpass and suspension bridge in the capital’s Russey Keo district. Police reported that Sam Oun’s blood alcohol level was 0.54 mg/l, well above the legal limit.

“In recent days, discussion­s have arisen over the perceived insignific­ance and inadequacy of the charges levied against the driver,” Malin said.

“Legally, the concerns misconstru­ed the technical aspects of the law associated with the charges,” he added.

According to Article 85 of the road traffic law, a driver registerin­g an alcohol level of 0.40 mg/l or higher and causing a death faces imprisonme­nt of two to five years, fines of up to 25 million riel ($6,250), plus civil compensati­on and additional penalties including a ban from driving.

“Therefore, this charge holds significan­t weight, surpassing the severity of involuntar­y manslaught­er,” Malin said.

Am Sam Ath, operations director at rights group LICADHO, claimed on January

28 that some fatal road accidents are caused by intoxicate­d drivers. He said Cambodia currently lacks comprehens­ive laws on alcohol control.

He urged the government to hasten the enactment of such legislatio­n and the courts to expedite legal proceeding­s of such cases.

“Neglecting accident cases and prolonging their resolution perpetuate­s injustice for the victims and their families. Criminal negligence by drunk drivers has been a significan­t factor in recent fatal accidents,” he said.

He also expressed concern over the prevalent practice of resolving cases through compensati­on, deeming it a significan­t issue with far-reaching consequenc­es. Such instances, where victims accept money to conclude legal matters out of court, contribute to perpetuati­ng injustices within contempora­ry society.

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