TAWAU: An 86-year-old Japanese national was fined RM5,000, in default three months’ jail, by the Magistrate’s Court here on Monday for careless driving that caused a collision with a 20-year-old motorcycle food delivery rider.
Koki Yukawa was sentenced by Magistrate Don Stiwin Malanjum after the charge was read to him in Japanese by a court interpreter via Zoom. The court also ordered the offence to be endorsed on his driving licence.
According to the charge, Koki, a retired oil and gas company employee residing in the district, drove without due care and attention at the Taman Kuhara Indah junction along Jalan Kuhara at about 3.30pm on April 22 this year.
He was charged under Section 43(1) of the Road Transport Act 1987 (Act 333), which provides for a fine of between RM5,000 and RM10,000, imprisonment of up to 12 months, and endorsement of the offence on the driving licence upon conviction.
According to the facts of the case, Koki was driving a Toyota Rush towards HSBC Bank from Taman Man Siu, accompanied by his wife, when the accident occurred.
The victim was riding a motorcycle from Tawau town towards Hot Spring Market when Koki allegedly emerged from the Taman Kuhara Indah junction and entered the motorcyclist’s path in the right lane.
Due to the short distance between the vehicles, the rider was unable to avoid the collision despite braking and attempting to swerve. The motorcycle struck the right rear section of the Toyota Rush. The rider sustained injuries to his left hand, while Koki was uninjured.
In mitigation, defence counsel Liew Mei Yee urged the court to impose the minimum fine without imprisonment, citing her client’s 60-year driving record without previous road accidents.
She also asked the court to consider his age, financial circumstances and remorse, saying he relied solely on his retirement savings to meet his living expenses.
Liew further urged the court not to disqualify her client from holding or obtaining a driving licence, arguing that he needed a vehicle for daily activities and possible emergencies involving himself or his wife, given their advanced age.
She said his guilty plea should also be considered as it had saved the court, prosecution and witnesses time and resources by avoiding a full trial, which was scheduled to begin on Monday.
Meanwhile, Tawau District Police Headquarters Traffic Investigation and Enforcement Division (BSPT) prosecuting officer ASP Joan Lee urged the court to impose an appropriate sentence to serve as a lesson to the accused.
