人权法律版交流区~上了贼船下不来了! (我不务正业中！）

长空任我翱翔

原帖由 MAN.UNITED 于 3-10-2009 02:44 PM 发表

没什么事，只是最近遇到一件酱的趣闻。
话说有个仁兄磕药+喝酒后，发生交通意外导致他人死亡。
死者的一班好兄弟姐妹正在很努力的寻找证据要为死者报仇就是令到驾驶员被判死刑

我已经解释过给他们听不 ...

有这样的事～～
就像之前我 PO上来的那个报道，因车祸造成他人死亡。死者家属也是认为会判死刑。

快乐怡

驾照是会被吊销几年？
罪名成立，那会被判什么惩罚？

长空任我翱翔

原帖由 快乐怡 于 7-10-2009 07:04 PM 发表
驾照是会被吊销几年？
罪名成立，那会被判什么惩罚？

自己慢慢读，我不想在重复了。

Section 41. Causing deathby reckless or dangerous driving.
  (1)Any person who, by the driving of a motor vehicle on a road recklessly or at aspeed or in a manner which having regard to all the circumstances (includingthe nature, condition and size of the road, and the amount of traffic which isor might be expected to be on the road) is dangerous to the public, causes thedeath of any person shall be guilty of an offence and shall on convictionpunished with imprisonment for a term of not less than two years and not morethan ten years and to a fine of not less than five thousand ringgit and notmore than twenty thousand ringgit.

(2) Thecourt shall order particulars of any conviction under this section to beendorsed on any driving licence held by the person convicted.

(3) A person convicted underthis section shall be disqualified from holding or obtaining a driving licencefor a period of not less than three years from the date of the conviction and,in the case of a second or subsequent conviction, be disqualified for a periodof ten years from the date of the conviction.

(3A) Notwithstandingsubsection (1), where a person who is a holder of a probationary drivinglicence is convicted under this section, the court shall thereupon revoke hisdriving licence.

(4) The court may upon thetrial of a person for an offence under this section convict such person of anoffence under section 42 or 43.

(5) Notwithstanding anythingin any written law for the time being in force, the court before which a personis charged with an offence under this section shall order the immediateconfiscation of the driving licence of that person and shall order thesuspension of the licence commencing from the date the charge is first read tothat person and such suspension shall have effect -
(a) until the court makes a final decision on thecharge; and

(b) as if thesuspension is the suspension referred to in section 32.



(5A) If thedriving licence of the person referred to in subsection (5) is incorporated ina multipurpose electronic card or device, the order of the court under thatsubsection shall be deemed to have been complied with if the particulars of theorder are included in the database maintained by or on behalf of the DirectorGeneral of driving licences granted under this Act and holders of such drivinglicences.

(5B) Notwithstandingsubsection (5A) , the Director may direct the person referred to in subsection(5) to surrender, within such period as the Director may specify, themultipurpose electronic card or device in which the driving licence isincorporated to him, or to a road transport officer authorised in writing inthat behalf by the Director General, for the inclusion in the data stored inthe card or device the particulars of the order of the court made undersubsection (5) and the Director or such authorised officer shall, after suchinclusion, immediately return the card or device to the person.

Section 42. Reckless anddangerous driving.
  (1)Any person who drives a motor vehicle on a road recklessly or at a speed or ina manner which having regard to all the circumstances (including the nature,condition and size of the road and the amount of traffic which is or might beexpected to be on the road) is dangerous to the public shall be guilty of anoffence and shall on conviction be liable to punished with imprisonment for aterm not exceeding five years and to a fine of not less than five thousandringgit and not more than fifteen thousand ringgit and, in the case of a secondor subsequent conviction, to imprisonment for a term not exceeding ten yearsand to a fine of not less than ten thousand ringgit and not more than twentythousand ringgit; and


( 2) Thecourt shall order particulars of any conviction under this section to beendorsed on any driving licence held by the person convicted.

(3) A person convicted underthis section shall be disqualified from holding or obtaining a driving licencefor a period of not less than two years from the date of the conviction and, inthe case of a second or subsequent conviction, be disqualified for a period often years from the date of the conviction.

(4) Notwithstanding subsection(1), where a person who is a holder of a probationary driving licence isconvicted under this section, the court shall thereupon revoke his driving licence.


Section 43. Careless andinconsiderate driving.
  (1)A person who drives a motor vehicle on a road without due care and attention orwithout reasonable consideration for other persons using the road shall beguilty of an offence and shall on conviction be punished with a fine of notless than four thousand ringgit and not more than ten thousand ringgit andshall also be liable to imprisonment for a term not exceeding twelve months.

(2) The court shall, (unlessfor any special reason it thinks fit to order otherwise), order particulars ofany conviction under this section to be endorsed on any driving licence held bythe person convicted.

(3) On a second or subsequentconviction under this section, the court shall exercise the power conferred bythis Part ordering that the offender shall be disqualified from holding orobtaining a driving licence unless the court having regard to the lapse of timesince the date of the previous or last previous conviction or for any otherreason (which reason shall be stated in the order), thinks fit to orderotherwise, but this provision shall not be construed as affecting the right ofthe court to exercise the power aforesaid on a first conviction.

(4) Notwithstanding subsection(1), where a person who is a holder of a probationary driving licence isconvicted under this section, the court shall thereupon revoke his drivinglicence.

[ 本帖最后由 长空任我翱翔 于 8-10-2009 08:33 AM 编辑 ]

长空任我翱翔

Section 44. Driving while under the influence of intoxicating liquor ordrugs.
  (1)Any person who, when driving a motor vehicle on a road or other public place -
(a) is under the influence of intoxicating liquor ordrug, to such an extent as to be incapable of having proper control of thevehicle; or

(b) has so much alcoholin his body that the proportion of it in his breath, blood or urine exceeds theprescribed limit,

and causes the death of orinjury to any person shall be guilty of an offence and shall, on conviction, bepunished with imprisonment for a term of not less than three years and not morethan ten years and to a fine of not less than eight thousand ringgit and notmore than twenty thousand ringgit.

(2) The court shall orderparticulars of any conviction under this section to be endorsed on any drivinglicence held.by the person convicted.

(3) A person convicted underthis section shall be disqualified from holding or obtaining a driving licencefor a period of not less than five years from the date of the conviction and,in the case of a second or subsequent conviction, be disqualified for a periodof ten years from the date of the conviction.



(4) Notwithstanding subsection(1), where a person who is a holder of a probationary driving licence isconvicted under this section, the court shall thereupon revoke his drivinglicence.

(5) Notwithstanding anythingin any written law for the time being in force, the court before which a personis charged with an offence under this section shall order the immediateconfiscation of the driving licence of that person and shall order thesuspension of the licence commencing from the date the charge is first read tothat person and such suspension shall have effect -
(a)until the court makes a final decision on the charge; and

(b) as if thesuspension is the suspension referred to in section 32.

(5A) If thedriving licence of the person referred to in subsection (5) is incorporated ina multipurpose electronic card or device, the order of the court under thatsubsection shall be deemed to have been complied with if the particulars of theorder are included in the database maintained by or on behalf of the DirectorGeneral of driving licences granted under this Act and holders of such drivinglicences.

(5B) Notwithstandingsubsection (5A) , the Director may direct the person referred to in subsection(5) to surrender, within such period as the Director may specify, themultipurpose electronic card or device in which the driving licence isincorporated to him, or to a road transport officer authorised in writing inthat behalf by the Director General, for the inclusion in the data stored inthe card or device the particulars of the order of the court made undersubsection (5) and the Director or such authorised officer shall, after suchinclusion, immediately return the card or device to the person.


Section 45. Being in charge of motor vehicles when under the influenceof intoxicating liquor or drugs.
  (1)Any person who when in charge of a motor vehicle which is on a road or otherpublic place, but not driving the vehicle, is unfit to drive in that he isunder the influence of intoxicating liquor or of a drug to such an extent as tobe incapable of having proper control of a motor vehicle, shall be guilty of anoffence and shall on conviction be punished with a fine not exceeding onethousand ringgit and shall also be liable to imprisonment for a term notexceeding three months and, in the case of a second or subsequent conviction, afine of not less than two thousand ringgit and not more than six thousandringgit and shall also be liable to imprisonment for a term not exceedingtwelve months:

Provided that a person shallbe deemed for the purpose of this section not to have been in charge of a motorvehicle if he proves-
(a) that at the material time the circumstances weresuch that there was no likelihood of his driving the vehicle so long as heremained so unfit to drive; and

(b) that between hisbecoming so unfit to drive and the material time he had not driven the vehicleon a road or other public place.

(2) On a second or subsequentconviction of an offence under this section, the offender shall, unless thecourt for special reasons thinks fit to order otherwise and without prejudiceto the power of the court to order a longer period of disqualification, bedisqualified for a period of twelve months from the date of conviction fromholding or obtaining a driving licence.

(3) Where a person convictedof an offence under this section has been previously convicted of an offenceunder section 44, he shall be treated for the purpose of this section as havingbeen previously convicted under this section.

(4) Notwithstanding subsection(1), where a person who is a holder of a probationary driving licence isconvicted under this section, the court shall thereupon revoke his drivinglicence.


Section 45A. Driving orbeing in charge of a motor vehicle with alcohol concentration above prescribedlimit.
  (1)Any person who, when driving or attempting to drive a motor vehicle or when incharge of a motor vehicle on a road or other public place, has so much alcoholin his body that the proportion thereof in his breath, blood or urine exceedsthe prescribed limit, shall be guilty of an offence and shall on conviction bepunished with a fine of not less than one thousand ringgit and not more thansix thousand ringgit and shall also be liable to imprisonment for a term notexceeding twelve months and, in the case of a second or subsequent conviction,a fine of not less than two thousand ringgit and not more than ten thousandringgit and shall also be liable to imprisonment for a term not exceeding two years.

(2) It is a defence for aperson charged with an offence under subsection (1) to prove that at thematerial time the circumstances were such that there was no likelihood of hisdriving the vehicle whilst the proportion of alcohol in his breath, blood orurine remained likely to exceed the prescribed limit.

(3) On a second or subsequentconviction of an offence under this section, the offender shall, unless thecourt for special reasons thinks fit to order otherwise and without prejudiceto the power of the court to order a longer period of disqualification, bedisqualified for a period of not less than twelve months from the date ofconviction from holding or obtaining a driving licence.

(4) Notwithstanding subsection(1), where a person who is a holder of a probationary driving licence isconvicted under this section, the court shall thereupon revoke his driving licence.

快乐怡

好多字...看得好累...
不看了...
自己不犯就好了，也希望别人也别犯到我身上就好。
如果有人犯到我，到时再来cari这里搬救兵！

kaiyet

已经辞职了，没有在这里向大家交代到~~
对不起~~大家~~永保安康哦~~

长空任我翱翔

原帖由 kaiyet 于 28-11-2009 05:32 PM 发表
已经辞职了，没有在这里向大家交代到~~
对不起~~大家~~永保安康哦~~

辭職不當管理員了？
不好這樣啦～

angelwah

我也有点很气。。我家前原杂草太多，而且之前种了棵草药树，然后长得很茂盛。。过了隔壁邻居。。然后那位女人就去举报DBKL。。然后DBKL 命令要把家里的张曼的杂草全清除，然后树得砍。。。我也明白，太多杂草，会担心有蚊子，或其他小动物。。但是我家范围都会遭DBKL SAMAN 吗？很担心，也很气。。我知道我们也有不对。

kaiyet

辛辛苦苦准备的setting aside JID...
今天终于赢了。。。成功set aside。。。

但是。。。。令人沮丧的。。。。





客人竟然跑路了。。。。

bird。。。。人财两失。。。

王律師

回复 849# kaiyet


慢慢来吧

以後你会看开点，表面的輸贏是不重要的

重要的是整體的輸贏， 如客戶对你很满意，收到钱

kaiyet

再找不到他，拿不到instructions，迟早也是要withdraw。。。

店也zap埋。。。电话也关了。。。

看来躲债主躲到山洞里去了~

虽然找不到人，但是也挺满足~~怎么说也是赢了嘛~

长空任我翱翔

再找不到他，拿不到instructions，迟早也是要withdraw。。。

店也zap埋。。。电话也关了。。。

看来躲 ...
kaiyet 发表于 10-2-2010 11:18 PM

这样也好啊，至少说你能。
还有，我决定出走了～我要去做6个月的temporary attachment现在是喜忧参半。

王律師

哦，忘了，恭喜恭喜你
（讲了恭喜，有红包收吗？）

你现在 practise 了哦？ 在家乡 还是 KL？

kaiyet

这样也好啊，至少说你能。
还有，我决定出走了～我要去做6个月的temporary attachment现在是喜 ...
长空任我翱翔 发表于 11-2-2010 08:31 AM

边度做？你的BoJ按抓？

kaiyet

哦，忘了，恭喜恭喜你
（讲了恭喜，有红包收吗？）

你现在 practise 了哦？ 在家乡 还是 KL？
王律師 发表于 11-2-2010 08:40 AM

等我收到钱才讲红包~

老地方~呵呵~

王律師

等我收到钱才讲红包~

老地方~呵呵~
kaiyet 发表于 11-2-2010 09:23 AM

等我收到钱才讲红包 =（等于） 冻过水

王律師

这样也好啊，至少说你能。
还有，我决定出走了～我要去做6个月的temporary attachment现在是喜 ...
长空任我翱翔 发表于 11-2-2010 08:31 AM

开始走向地狱之门，

长空任我翱翔

边度做？你的BoJ按抓？
kaiyet 发表于 11-2-2010 09:21 AM

我的bOJ只能放下一年咯，没有办法，不能兼顾。你有方法吗？

长空任我翱翔

开始走向地狱之门，
王律師 发表于 11-2-2010 11:34 AM

怎么说？
我忧的是假期取消，结果真的被逼取消。没有机票的问题解决了。

长空任我翱翔

等我收到钱才讲红包~

老地方~呵呵~
kaiyet 发表于 11-2-2010 09:23 AM

听者有份。我也要，而且现在很缺钱～