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Yang Ming is involved in drunk driving | The three most serious crimes of refusing to provide blood samples are equivalent to three years of maximum imprisonment for drunk driving

2020-10-27T17:32:58.786Z

In August of this year, artist Yang Ming was suspected of being drunk driving and crashing on the top of the mountain. Yesterday (27th) he was charged with "refusal to provide blood samples for laboratory tests", "careless driving" and "insufficient light transmission of doors and windows". Hall. three



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Written by: Deng Haixing

2020-10-28 01:24

Last update date: 2020-10-28 01:24

In August of this year, artist Yang Ming was suspected of being drunk driving and crashing on the top of the mountain. Yesterday (27th) he was charged with "refusal to provide blood samples for laboratory tests", "careless driving" and "insufficient light transmission of doors and windows". Hall.

The maximum penalties for the three crimes may cause Yang Ming to be imprisoned. The most serious is the refusal to provide blood samples. The criminal liability is equivalent to drunk driving. The maximum penalty is 3 years in prison and the minimum suspension of trading for 2 years.

As for the pre-war stone wall that Yang Ming crashed, some architects originally estimated that the repair cost was as high as 250,000 Hong Kong dollars. However, the Highways Department earlier replied to the Central and Western District Council that the stone wall could be repaired with broken stones at a cost of only more than 4,000 yuan. .

Yang Ming is involved in a drunk driving case and will appear in Eastern Magistracy on the morning of November 6.

Among the three crimes he was charged with,

"refusal to provide blood samples for testing"

, the criminal liability is actually no different from drunk driving.

According to section 39C of the Road Traffic Ordinance, Chapter 374 of the Laws of Hong Kong, if a person’s breath test shows that the proportion of alcohol in his breath is likely to exceed the prescribed limit, or he fails to provide a sample for the check breath test. With reasonable excuses, once convicted through indictment procedures, he

can be fined 25,000 yuan and imprisoned for 3 years; the minimum suspension period is set at 2 years

.

In addition, committing

the

crime

of

"careless driving"

may also lead to imprisonment.

According to section 38 of Chapter 374 of the Road Traffic Ordinance, "Anyone who drives a vehicle on a road without proper care and attention, or without reasonable consideration for other people using the road, shall fall within the meaning of this section. Drive carefully." The

maximum penalty is a fine of $5,000 and imprisonment for 6 months

.

As for the violation of

"insufficient light transmittance of door and window glass"

, in fact, the Transport Department has a minimum light transmittance requirement for automobile glass.

According to the revised document of the Transport Department in 2012, the minimum light transmittance of the car windshield is 70%, and the rear window is 44%; and any reflective material or film on the car window glass must be applied for and approved by the Transport Department. Otherwise, violating Article 28 of the Road Traffic (Vehicle Construction and Maintenance) Regulations (Chapter 374A)

can be fined $10,000 and imprisoned for 6 months

.

While Yang Ming drove a car into a pre-war stone wall with a history of more than 80 years, an architect originally estimated that the repair cost was as high as 250,000 yuan, of which the basic expenditure was nearly 100,000 yuan.

Until earlier, the Highways Department responded to the Central and Western District Council’s enquiry, stating that the repair and administration cost of the stone wall that was smashed into was about 4,000 yuan.

District Councillor He Zhihong quoted that the department explained that the stone wall could be repaired with broken stones, saving material costs. The expenditure of more than 4,000 yuan includes administrative fees and three wages.

The incident occurred at about midnight on August 8 this year. Yang Ming drove a private car of Pingzhi down the mountain along the Majixian Gorge Road, and when approaching a left turn near Rose Villa, he reportedly lost control and crossed the opposite lane and first hit the roadside defense. After hitting the fence, it rushed forward about 60 meters, and stopped after violently shaking the stone wall. The right front of the car was placed on the stone wall.

After the police arrived, they found that the driver surnamed Lin Nan (Yang Ming was originally named Lin Yangming, later renamed Lin Mingle) was full of alcohol and needed to be supported by two police officers into the ambulance.

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Source: hk1

All news articles on 2020-10-27

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