MUAR: A 72-year old man was sentenced to six years in jail and RM28,000 fine for causing the death of a woman in a road accident three years ago.
The accused, Gui Chui, 72, a mini market operator, had pleaded guilty through optional charges in accordance with Section 41 (1) of the Road Transport Act for breaking a red traffic light to cause the death of Norain Abu Samah at the traffic light intersection at Jalan Lintasan Muar in April 2021.
He was charged under Section 302 of the Penal Code for the death of the woman in an accident involving five vehicles during the Movement Control Order period.
According to the charge sheet, Gui was charged with driving dangerously in public and causing the death of Norain who was then 41 years old, at 7.45am on Apr 25, 2021.
The offence is punishable with a jail term of up to 10 years and a maximum fine of RM50,000.
High Court Judge Suria Kumar DJ Paul in his judgment said that the court had considered several factors to balance the interests of the public as well as the accused, such as statistics and the number of deaths due to accidents as well as the behavior of road users.
"As argued by the prosecution, the increase in accident cases is not something new. The court is aware of the behavior of road users who drive recklessly and do not stop when the traffic lights turn red.
"The court needs to send a clear message to other drivers and also the public that the court takes seriously the offences committed by the accused.
"By driving rashly and not stopping at traffic lights because he wanted to manage his business, he had caused a life to be lost in vain.
"In this case, a victim was seriously injured. How would the accused feel if he was in the shoes of the victim's family," he said.
The court sentenced the accused to six years in prison from the date of his arrest, Apr 26, 2021, and a fine of RM28,000.
The court also ordered that the accused be sentenced to an additional two years in prison if he fails to pay the fine and disqualified him from holding and obtaining a driver's license for five years from the date of conviction today.
Deputy Public Prosecutor Putera Amirool Faez Suhasi prosecuted while the accused was represented by lawyer R K Balakrishnan.