|
DCCC 1127/2024
[2025] HKDC 1189
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1127 OF 2024
---------------------
---------------------
|
Before:
|
Her Honour Judge Ada Yim in Court
|
|
Present:
|
Mr. Michael Delaney, Counsel on Fiat, for HKSAR
|
|
|
Mr. Keith Fung, Ms. Jenny Lok and Mr. Un Teng Fong, instructed by Messrs Tang, Wong & Cheung, for the 1
st
defendant
|
|
|
(During trial, Mr. Keith Fung, Ms. Christine Yeung, Ms. Jenny Lok and Mr. Un Teng Fong, instructed by Messrs Tang, Wong & Cheung, for the 1
st
defendant)
|
|
Offence:
|
[1] Dangerous driving (危險駕駛)
|
|
|
[2] Driving a motor vehicle with alcohol concentration in breath exceeding the prescribed limit (在呼氣中的酒精濃度超過訂明限度的情況下駕駛汽車)
|
|
|
[3] Driving a motor vehicle with any concentration of a specified illicit drug (在體內含有任何濃度的指明毒品時駕駛汽車)
|
--------------------------------------
REASONS FOR SENTENCE
--------------------------------------
1.
The defendant was convicted upon his own plea on dangerous driving, drink and drug driving, contrary to sections 37(1), 39A(1) and 39K(1) of the Road Traffic Ordinance,
Cap.374
(Charge 1 to 3).
Facts
2.
On 30
th
December 2023, at around 0533 hours Police Constable 25872 observed a private car registration number XE3047 (the Vehicle) being driven by the defendant erratically in the vicinity of Thompson Road and Johnston Road in Wanchai:
• taking a sharp turn in contravention of a traffic sign marked “Give way” when he cut into Johnston Road from Thompson Road,
• crossing a double white line, then driving westbound against the traffic on Johnston Road, and then
• taking a sharp right turn into Mallory Street in contravention of the “No Entry” sign on that street.
3.
The defendant stopped the Vehicle at Mallory Street, got out from the driver seat and got back into the Vehicle via the rear offside passenger door. Police went up to for investigation, from the defendant’s demeanour, he was suspected to have been drink driving. Additional support was called, the defendant fled, two officers chased and subdued him. He was then escorted back to the Vehicle.
4.
A breath test conducted at the scene on the defendant, the result was positive.
5.
The subsequent breath and blood tests conducted found the defendant to have 35 micrograms of alcohol in 100 milliliters of breath, exceeding the prescribed limit of 22 micrograms and that he had 0.02 micrograms of 3,40methylenedioxymethamphetamine per millilitre of blood in his system, a specified illicit drug.
6.
The defendant drove the Vehicle on a road dangerously with 3 passengers on board while the proportion of alcohol in his breath exceeding the prescribed limit and reached tier 2 of drink driving and with a concentration of a specified illicit drug in his blood.
Mitigation
7.
The defendant aged 31, married with two children (aged 5 and 7). He was on bail until he was convicted and sentence
| 
Back
