SINGAPORE — A few hours after drinking alcohol with his friends, Darren Ouyang Hongyao joined them for breakfast at McDonald’s on Christmas Day last year before driving home.
The 27-year-old did not notice a cyclist on the road and collided into him along Yishun Avenue 1, then fled the scene and returned home.
The victim, 66-year-old Tan Teck Heng, died from his injuries in Khoo Teck Puat Hospital one hour after the collision.
An expert estimated that Ouyang had 48 micrograms of alcohol in 100 millilitres of his breath at the time of the accident, higher than the prescribed limit of 35mg, though the court heard it could not be taken as an accurate representation of the actual concentration then.
On Friday (Oct 18), he was sentenced to two months and six weeks’ jail and a five-year driving ban for his actions.
He pleaded guilty to causing Tan’s death by a negligent act and failing to render assistance. Two other charges — of failing to stop, as well as removing his vehicle without the authority of a police officer — were taken into consideration for sentencing.
TURNED HIMSELF IN LATER
The court heard that at about midnight on Dec 25 last year, he had three glasses of Asahi beer at a bar, before drinking a glass of hard liquor during a karaoke session at about 3.45am.
After breakfast, Ouyang began driving home about 6.30am, despite feeling tired from the night out.
Half an hour later, he was driving at 60 to 70 km/h along Yishun Ave 1 towards Yishun Ave 8 when he collided into Tan, who was cycling in front of him.
Tan was thrown off the road and landed on the roadside pavement and grass verge.
Ouyang drove off without helping Tan and returned home, where he told his mother and brother what had happened. After they advised him to turn himself in, he did so later that afternoon.
A passerby had checked on Tan and found him unresponsive before an ambulance took him to hospital.
After Ouyang surrendered to the police, he took a breath test at about 2.30pm and was found to have four micrograms of alcohol in 100 millilitres of his breath.
LAWYER SAYS HE WAS CONFUSED
Deputy Public Prosecutor (DPP) Foo Shi Hao sought the sentence imposed, saying that Ouyang had driven above the speed limit of 60 km/h and had not rested the night before.
A few months before the accident in September, he had committed a compounded offence of failing to conform to a red signal as well. However, the prosecutor took into account his demonstration of remorse by surrendering on the day of the accident.
In mitigation, Ouyang’s lawyer Wong Ci said that his client “ensured” he was sober before driving by waiting more than two hours after his last drink to head home.
Sunlight reflecting off his windshield had affected his vision, Mr Wong added. He also “entered into a state of confusion” after hitting Tan and did not know the victim was facing life-threatening injuries.
Ouyang has written a letter to Tan’s family and wishes to meet the family to pay his respects, the lawyer told the court.
Mr Wong also tried to argue that Tan should have been using the shared path for pedestrians and cyclists. But DPP Foo responded that cyclists are allowed to ride on the left side of the road in an orderly fashion, which Tan was doing.
“It is highly regrettable that he (Ouyang) is trying to push part of the blame on the deceased. It is entirely without merit,” DPP Foo added.
For causing death by a negligent act, Ouyang could have been jailed for up to two years, fined or both.
He could also have been jailed for up to a year, fined up to S$3,000 or both for failing to render assistance.
