42-month sentence for drunk driver
Updated: 2010-02-19 06:32
By Timothy Chui(HK Edition)
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The 34-year-old driver of a Japanese super-car that mowed down an American student in 2008 was sentenced to three and a half years in prison yesterday.
Daniel Sheung Kun-hoo received the prison term for causing death by dangerous driving, a charge to which he had entered a plea of not guilty. Sheung also will be fined HK$5,000 on two other charges of driving with illegal window tints and for driving while intoxicated.
More than a dozen family, friends and supporters packed the public gallery, with Sheung managing a smile in the dock as his mother and wife fought to hold back tears.
At the time of the accident, Sheung had three times the legal limit of 22 micrograms of alcohol per 100ml of breath District Court Judge Stephen Geiser said.
Before Sheung's sentencing, his counsel John Haynes in mitigation called the accident a tragedy, adding Sheung had a four-month-old daughter and was the only son of his family, who were hard workers running a local logistics company.
"It was a tragedy involving a Titanic of a sports car and an iceberg of a young man," Haynes said.
He said Sheung had taken to church work during the 15-months since the accident, adding Sheung felt extremely guilty while his mother and wife were relying on medication, owing to the anguish brought on by the incident and subsequent trial.
Moved by submissions by family and friends of the defendant, Geiser however cited Sheung's alcohol level and the fact he did not immediately notify the police as two aggravating factors in his sentence.
Sheung also had three previous speeding offenses, including one case in which he was caught driving 45 km/h over the speed limit.
A representative of the family of the deceased attending yesterday's hearing declined comment on the sentence.
Kurt Leswing, a 21-year-old American student studying abroad, was struck by Sheung's Nissan GT-R Skyline November 7, 2008, shortly after 3:30 am near the Happy Valley tram stop.
Leswing was in the city as part of his Semester at Sea program, a 15-week ship-based summer school program. Leswing died before arrival at Ruttonjee Hospital.
A University of Wisconsin student originally from Milwaukee, he is survived by his parents and twin brother.
Witnesses at Sheung's trial testified Sheung sped out of Sports Road onto Wong Nai Chung Road, traveling at around 80 to 90 km/h before ramming into Leswing, who was described as visibly intoxicated and wandering across the right and middle lanes of Wong Nai Chung Road trying to flag a taxi.
The court heard that although Leswing had been walking on the road and against traffic, seven cars were able to safely maneuvre around the American.
Following the fatal collision, witnesses said Sheung apologized three times to onlookers and said he felt guilty when passers-by suggested he report to police.
According to reports, Sheung had also asked an unidentified female passenger to leave the accident scene after he brought his vehicle to a stop.
The court heard Sheung did not file a report until nearly 45 minutes after the accident and not before he summoned his wife to the scene.
Reports also said he had paid HK$745,000 for the high-performance car in 2007.
(HK Edition 02/19/2010 page1)