Drink-driving offence carries heavier punishment
According to a summary of the judgment released by the court’s media office, the defendant was found guilty under Section 291 of the Criminal Code and the Land Traffic Act B.E. 2522, including Sections 43 (2), 43 (4) and Section 160 ter, paragraph four.
The court found that the defendant’s conduct constituted one act violating several legal provisions. It therefore imposed punishment under the offence carrying the heaviest penalty: driving while intoxicated and causing death, in line with Section 90 of the Criminal Code.
The four-year sentence was reduced to two years under Section 78 of the Criminal Code because the defendant pleaded guilty.
Court cites seriousness of the case
In considering whether to suspend the sentence, the court reviewed the circumstances of the case and the defendant’s background report.
The court noted that although the defendant had shown remorse by attending the funerals of the deceased and had paid compensation to their relatives, the parties had still not reached a final settlement on damages.
The court said the defendant had driven while intoxicated and should have understood that alcohol would impair his ability to drive. It added that the offence was avoidable, but the defendant failed to avoid it.
The court considered the crash to be serious because it caused the deaths of two people. For that reason, it ruled that the sentence should not be suspended.
