
- 一名男子不但醉驾,还在撞死一名老翁后逃离现场。
- 被告在波德申推事庭被控,他认罪后,被判处监禁5年、罚款2万令吉及驾照被吊销5年。如被告无法缴交罚款,需以坐牢6个月替代。
- 被告被控于2022年6月29日晚上约10时25分,驾驶轿车在芙波路路段危险驾驶,导致一名骑士死亡、。
- 被告因此抵触1987年陆路交通法令第41(1)条文(鲁莽驾驶导致乘客或他人死亡)。一旦罪成,可被判监禁最少5年但不超过10年,和罚款不少过2万令吉但不超过5万令吉,及驾照吊销5年。
资料来源 (中国报 – 11.03.2024): 醉驾撞死老翁踩油逃 青年认罪 监5年 停牌5年
Road Transport Act 1987
41. Causing death by reckless or dangerous driving
(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than five years and not more than ten years and a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit, and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving license for a period of not less than five years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of conviction.
(3A) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence. (4) The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or 43.
42. Reckless and dangerous driving
(1) Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and to a fine of not less than five thousand ringgit and not more than fifteen thousand ringgit and, in the case of a second or subsequent conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than ten thousand ringgit and not more than twenty thousand ringgit.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than five years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
43. Careless and inconsiderate driving
(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and *shall on conviction be punished with a fine of not less than four thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.
(2) The court shall, (unless for any special reason it thinks fit to order otherwise), order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) On a second or subsequent conviction under this section, the court shall exercise the power conferred by this Part ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court having regard to the lapse of time since the date of the previous or last previous conviction or for any other reason (which reason shall be stated in the order), thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
44. Driving while under the influence of intoxicating liquor or drugs.
(1) Any person who, when driving a motor vehicle on a road or other public place—
(a) is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the motor vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit,
and causes the death of any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than fifteen years and not more than twenty years and a fine of not less than one hundred thousand ringgit and not more than one hundred and fifty thousand ringgit.
(1A) Any person who, when driving a motor vehicle on a road or other public place—
(a) is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the motor vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit,
and causes injury to any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than seven years and not more than ten years and a fine of not less than thirty thousand ringgit and not more than fifty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under subsection (1) shall be disqualified from holding or obtaining a driving licence for a period of not less than ten years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of twenty years from the date of the conviction.
(3A) A person convicted under subsection (1A) shall be disqualified from holding or obtaining a driving licence for a period of not less than seven years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.
(4) Notwithstanding subsection (1) and (1A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
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