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| Teoh Kian Peng |
Fishmonger gets good behaviour bond, fine for fatal drink driving incident
BERNAMA
30/9/2021
KUANTAN, Sept 29 -- A fishmonger who drove against traffic for seven kilometres and caused the death of an Alam Flora employee in a drink driving incident was fined RM8,000 and had a two-year good behaviour bond imposed on him by the High Court here today.
Judge Datuk Zainal Azman Ab Aziz passed the sentence on Teoh Kian Peng, 43, after he pleaded guilty to the alternative charge.
Teoh had been previously charged with murdering Irwan Herman Kamaruddin, 41, under Section 302 of the Penal Code which stipulates a death sentence upon conviction.
Teoh pleaded guilty today to the alternative charge of driving with alcohol content exceeding the prescribed limit and causing the death of Irwan Herman along Jalan Pintasan Kuantan near a petrol station at Bukit Rangin here at 9.20 pm, May 25, 2020.
The charge under Section 44(b) of the Road Transport Act 1987, which is punishable under Section 44 of the same act, stipulates a maximum jail sentence of 10 years and a fine of not more than RM20,000 if found guilty.
The judge set RM20,000 condition for a two-year good behaviour bond with one surety and a fine of RM8,000 or four months’ jail in addition to a two-year ban on alcohol related activities for Teoh.
Teoh is also required to report to a police station on the first Monday of every month, and have his driving licence suspended for five years with the offence recorded on his licence.
"If the accused is caught violating any conditions, including being caught drink driving or consuming alcohol in a pub, then he will be brought to this court to be sentenced to five years’ jail,” the judge said in his sentencing.
Zainal Azman also ordered Teoh, who is a father to three children aged 12 to 17, to pay the agreed compensation to the victim’s family within a period of 14 days beginning today.
On the second charge of reckless driving that endangered the public at the same time and place, the court sentenced Teoh to 80 days’ jail from the date of his arrest, a RM5,000 fine or two months’ jail and that the details of his offence be recorded in his licence.
The accused was arrested on May 25, 2020 and has served 86 days in jail, after appearing in court here on June 1, 2020 to face the murder charge, which is an unbailable offence. The court, however, allowed the accused to be freed on a RM300,000 bail with one surety.
Zainal Azman in his judgment said the case was a tragic crash involving two cars, and the accused did not deny his mistake of having caused the loss of life.
"The court was also informed of the accused’s noble intention of reaching out to the victim’s family to discuss on how to assist them, in addition to listening to the testimony of the deceased’s father (Kamaruddin Darsono, 66) regarding a compensation agreement reached by both parties,” he said.
He added that the court considered the accused’s appeal regarding the condition of his health at that time, as he was suffering back pain and had undergone surgery at a private hospital in September last year and was still currently undergoing physiotherapy sessions, in addition to suffering hypertension and hepatitis B.
Teoh was represented by lawyers Mohamad Hamizey Mat Taib, Datuk Zailan Mohamed and Muhammad Syazwan Mohd Salleh while deputy public prosecutor Hayda Faridzal Abu Hassan led the prosecution. Lawyer Muhammad Saifuldin Ab Rahman held a watching brief for the victim’s family.
Irwan Herman was driving his Toyota Yaris from his house in Sungai Isap Perdana here to work at the Alam Flora Depot in Gebeng when the incident happened. The accused was on his way home in Kemunting here from his friends’ house in Semambu.
The victim died at the scene of the crash from severely injuries to his head and chest.
