A man has been jailed for three years and six months for a drink-driving incident in which a workmate fell out of his car and was run over by another vehicle on a busy Sunshine road.
Tam Chi Nguyen pleaded guilty to dangerous driving causing death and failing to stop after an accident when his passenger fell out of his car and was struck on Ballarat Road.
The County Court heard last month that Nguyen, 29, was driving on August 3, 2013 with his friend Dong Ngo in the front passenger seat and another fellow worker, Toan Nguyen, in the back seat.
The court heard that the three workmates had consumed two bottles of vodka together over three hours while at dinner.
Nguyen lost control of the car while turning right from Hampshire Road into Ballarat Road about 9.15pm.
The car, travelling about 45km/h, slid over the gutter of the nature strip and across the driveway of an ambulance station before hitting a traffic sign.
Nguyen continued to drive east on Ballarat Road with at least one flat tyre for about 80 metres before crossing the median strip into oncoming west-bound traffic.
His car then collided with a sedan driven by Phuong Pham, causing a “moderate amount of damage” to both cars.
Nguyen then spun his car around and drove west on Ballarat Road before pulling into the car park of a Red Rooster outlet.
Just before he entered the car park, the front passenger door opened and Ngo fell out backwards, his head making a loud “crack” as he hit the road surface.
Another car ran over Ngo as he lay on the road, and did not stop. Ngo died at the scene.
Justice Susan Cohen said: “It was unclear … whether he opened the door and exited or something occurring inside the car caused the door to open and him to fall out. It is also unclear … whether he exited while the car was spinning or when it had paused briefly before accelerating to go into the car park.’’
After running away, Nguyen was caught by police when he returned to start his car. He blew a blood-alcohol reading of 0.192 per cent.
A forensic physician said Nguyen, who was born in Vietnam and came to Australia in 2011, would have had at least a 10 times higher chance of crashing than if driving while sober.
Justice Cohen said Ngyuen was entitled to some leniency for pleading guilty.
