The Court are satisfied that the car stopped at the aforenamed point near the junction of Avenue Haig and Avenue Joffre and. that the accused then got out and approached the scene of the accident, but when he saw the injured Havildar already being attended to by another Sikh trooper he returned to the car and drove away although a French Police Constable, No. 691, who had taken the number of the'car, signalled to him to stop; the accused states that he. misunderstood the signal and took it as a permission to leave. He drove via Avenue Joffre and Route Ferpuscn, until the ear stopped of itself on 'Avenue Haig near the German Church. The accused and his! passenger proceeded on foot to the Ford Hire Station at the corner of 'Avenue Haig and Bubbling Well Road, where they hired a car, which took' the lady to her residence in Hart Road and then the accused to his home at No. 304 Rue Frelupt, the residence of Mr. Belchmann, There he immediately went to bed at about 430 am, without having} taken any steps to report the accldent to the Police.
The Police, who had "found the car where It had been left standing fon Avenue Haig and had ascertained the name of the owner, called at] Mr. Beichmann's address at 5.15 am.
accused was asleep and was not awakened in the presence of the Police. At 7 a.m, the Danish Vice-'Consul, who hed just been informed the accident, arrived at No. 304 Route Frelupt accompanied by a. representative of the Shanghai Munlcipal Police. They there saw the accused, who was shortly afterwards attended and examined by Dr. 8. K. Squires for signs of intoxication," In Dr. Squire's opinion the accused was, at the time of this examination, Lo, fat 7.15 am, in full possession of his faculties'and not under influence of alcohol. He found however a {aint smell of alcohol in the accused's Having regard to the fact that the read from the Del Monte Cabaret, to Avenue Joffre is a series of curves and bends and is rather dark, and also to the violence of the impact and that ft took place on the right side of the road, the Court find that at the time of the accident the motor vehicle in question was being driven recklessly and without due regard to other possible users of the highway. Moreover, onthe accused's own admission as to his consumption of alcohol, during the afternoon, evening and night, previous to the accident, and on the other the evidence submitted to the Court as 10 the accused's behaviour after the accident, the Court—notwithstanding that 3% hours afler the accident the, accused "was found on medical examination not to be under the Influence of aleohol—are of opinion that he was, at the time of the accident, under the influence of alcohol fo such an extent that he was not able to drive a motor car safely and for the same reason was not suflciently careful and did not have full control over the motor vehicle Jimmediately before and after the of accident.
His offence Is aggravated by the fact that he did not, alter the accident, take any steps either to assist the Injured man or to Report the accident to the Police. pronouncing judgment must take According to, the law the Court in Into consideration the extent of the Injuries inflicted by the action of the accused, Sikh's Condition The Superintendent of Hospitals, Shanghai, in a letter dated the 14th int, addressed to this Court, has certified that:
'The' Police Haviliar No, $00 Bir Singh's injuries consisted of a badly fractured. skull and damage to the brain. 'The X-Ray' of his skull shows several cracks through the vault, fending "in certain into discharged from hospital within. the Injries and conde fo be ext few. days, and to attend court aang tes "Hew ow several leave before he is iixely to be ft Sor {perhaps many further ie
{il uty. Tinted to have eamined' thee Month ar fury. about September {ng fe may be Int for ight duty that times "As to the ultimate progness, 1 42
Suffer at times. from very severe headaches and be extremely susceptible to alcohol and. the possibly be a serious trouble to him, the remote effects of a fractured skull are however extremely dificult AAs It ts in contesso that the in-Juries of the Havildar are the results atthe accidence "in. question, the Gourt tind Niels Ove Kung guilty the offences. charged. against him find sentence him according 10. ATI Got the law of the July 1, 1027 regarding motor vehicles as amended bythe two laws of the April 14, 182, and "Art, 240, 1° alinea, of the Criminal Code to" imprisonment. for period of 30 days. According. to 'Art 42. of the" above-named law. regarding motor vehicles his driving Heence, (No. 10032, issued on. May 14,1090, "by the French" Police {n' Shanghai shall be cancelled, and he shall not be entiied to obtain a few driving licence for a period of thre' years, som date hereon. moment to ascertain the extent. of "Az it la impossible at the. present the damage caused by the accident, decision thereon is, by consent of ihe. parties concerned, pesiponed sine die,
Text read from the printed page and cleaned; old type leaves the occasional error.