判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment stated that at about 5:09 pm on 3 July 2019, the defendant was travelling on the second lane from the left along a diverted traffic route inside the Kwai Chung Asia Container Logistics Centre, due to the closure of the downward route between the fourth and fifth floors. Upon reaching the area between levels 4A and 4B, he stopped head-on to yield to a medium-sized truck coming in the opposite direction. His co-driver alighted to collect a ticket; however, within about one second the defendant restarted the 30-tonne heavy goods vehicle, first ‘cutting in’ to the left and then turning right into the warehouse passage without checking his partner’s position, causing the front of the vehicle to knock down and run over his co-driver, who died in hospital. The defendant admitted to careless driving, arguing that he had been startled by the oncoming truck, and that unclear signage and dim lighting affected him. However, based on CCTV, dashcam footage, and expert reconstruction evidence, the court found that his driving attitude fell far below that of a competent and careful driver, amounting to dangerous driving causing death.
The court cited section 36 of the Road Traffic Ordinance and relevant case precedents, holding that dangerous driving must be objectively assessed to determine whether the driving conduct fell far below the standard of a competent and careful driver, and that the danger to any person must be manifestly obvious.
The defendant restarted the vehicle within about one second after the passenger had alighted, first ‘cutting in’ and then turning right, failing to fulfil a reasonable duty of care, creating an obvious threat to the passenger’s life, and exhibiting a driving attitude that seriously departed from that of a competent and careful driver.
The judge rejected the defendant’s defences of dim lighting, wet weather, unclear signage, or being startled, and wholly accepted the CCTV, dashcam, and accident reconstruction expert evidence, concluding that the defendant’s actions were not a momentary oversight but amounted to dangerous driving.
The defendant was found guilty of dangerous driving causing death. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that at approximately 5:09 pm on 3 July 2019, the defendant was driving a heavy goods vehicle with registration number UC6951 in the carriageway between levels 4A and 4B of the Asia Container Logistics Centre at Kwai Chung Container Terminal, where he struck and ran over a colleague who had just alighted, causing their death. The defendant denied the charge of dangerous driving causing death but was convicted after trial; the vehicle’s side windows were fitted with tinted film reducing light transmission, in breach of the Road Traffic Ordinance, and the defendant admitted the second charge.
Under section 36 of the Road Traffic Ordinance, dangerous driving causing death carries a maximum sentence of 10 years’ imprisonment and mandatory disqualification for at least five years; with reference to the guidelines in Pan Wing-kei and Cooksley, the starting point for the lower culpability category is set at 12 to 18 months’ immediate imprisonment.
Although the defendant’s lapse was momentary, it took his colleague’s life, placing it in the lower culpability category; he has no prior convictions, a good record, suffered severe depression from guilt, showed genuine remorse, and the victim’s family pleaded on his behalf. The sentence is therefore reduced from a starting point of 15 months to 14 months; the defendant is disqualified for five years and must attend a driving improvement course; the fine for the second offence is reduced from HK$1,500 to HK$1,000.
The court considers that both deterrence and individual circumstances must be balanced; given the defendant’s genuine remorse and psychological burden, a moderate reduction is appropriate, with the statutory driving penalty imposed.
The defendant was sentenced to 14 months’ immediate imprisonment for dangerous driving causing death; his driving disqualification takes effect immediately for five years, and he must, at his own expense, complete a driving improvement course during the last three months of the disqualification. For the offence of altering window light transmittance, he was fined HK$1,000, which, if not paid within 14 days, will be replaced by seven days’ imprisonment. (Translated from Chinese to English by AI)
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