urgent!! The Court of Appeal has ordered a prison sentence increased to 10 years and 2 months for a police officer riding a large bicycle who collided with a medicine rabbit and died in 2022. He will plead guilty and serve 5 years and 1 month without parole
On January 16 at the criminal court on Ratchadaphisek Road, the court read the judgment of the court of appeal in black case number A. 399/2565 to the criminal prosecutor 3, Dr. Anirut Supawatjariyakul, Mrs. Ratchanee Supawatjariyakul. Dr. Kratai’s parents are the plaintiffs who filed the lawsuit. The accused is Police Lieutenant Norawit Buadok, 21 years old, Squad Commander, Company No. 2, Supervision Division 1, Crowd Protection and Control Division (Subdistrict 1, OFD). The crime of careless or dangerous driving. which could cause damage to persons or property and negligently caused the death of another person, by using an unregistered car in the driveway, Violation of the use of a vehicle which has not paid the annual taxes 3. Using a vehicle which does not provide damage insurance to accident victims. , brought an incomplete car to drive and did not have side mirrors installed , Drive not close to the left edge. Riding a motorcycle faster than permitted by law, riding without considering the safety or suffering of others, riding without following road signs
In the event that on January 21, 2022, during the day, Police Sergeant Norawit, the accused, was riding a large motorcycle, Ducati make, Monster model, license plate No. 1 KPH 9942, Chiang Rai, and collided with Dr. Wara. Lakna Supawatjariyakul or Dr. Kratai, an ophthalmologist at Rajavithi Hospital, crossing the pedestrian crossing in front of the Bhumirajanagarind Kidney Institute Hospital, Phayathai Road, Ratchathewi subdistrict-district. Bangkok, which is a community area, had speeds of 108-128km, which exceeded the legal limit of 80km per hour, until Dr Waralak’s death. They asked the court to order the confiscation of the motorcycles seized by investigators. and there is a request for the court to revoke or suspend the defendant’s driver’s license as well
In this case, the Superior Court issued a verdict on April 25, 2022, determining that the defendant, Police Sergeant Pol. Norawit, committed the crime charged and will be imprisoned for a total of 1 year and 15 days without parole. he was granted temporary release during the appeal
Subsequently, the plaintiff and co-plaintiff filed an appeal asking the court to impose a more severe sentence. The defendant appealed, asking the court to postpone the sentence. Today the accused came to court. The Court of Appeal examined the documents, consulted and found a problem and had to decide whether the Court of First Instance punished the defendant for driving faster than required by law without considering safety and suffering of others. He was jailed for 1 month and the sentence was reduced by half, then he would be imprisoned for 15 days and punished for careless driving causing the death of another person, 2 years of imprisonment. The sentence was reduced by half, remaining in prison 1 year, and the defendant not being fined for this charge. Without awaiting the determination or waiting until the prison sentence imposed on the accused is adequate or proportionate or consistent with the seriousness and circumstances of the accused’s crime. And the penalty rate provided by law or not?
The accused’s crime was deemed serious. Because while he committed the crime The accused is a police officer with the duty to take care of public safety and enforce the law and he should strictly abide by the law. But the defendant did not comply with the law and violated the law himself. without considering the safety of people’s lives and engaging in behavior contrary to the law. The accused was driving a motorcycle without a license plate. that is, when the accused commits a crime and the accused escapes. This makes it more difficult to track down the perpetrators of the crime. The defendant drove a motorcycle without paying annual taxes.
If it was a general public committing this crime He must be arrested and fined by police officers without exception. The defendant did not purchase road accident insurance, which is required by law to protect road accident victims from receiving timely help and initial medical treatment.
When the accident happened The deceased and the two claimants therefore did not receive any compensation or initial compensation from the insurance company. The defendant was driving without a side mirror. and driving at high speeds of up to 108-128 km per hour in the urban area in front of the hospital. that exceeds the speed limit established by ministerial regulations. Additionally, there appears to be a crosswalk rule for pedestrians crossing in front of the aforementioned hospital. The defendant should have slowed down to be careful not to hit pedestrians crossing the road, but instead he drove his motorbike and accelerated to overtake other cars at high speed. Causing the car to hit the deceased on the zebra crossing until his body flew up and fell to the ground far away from the point of impact. The deceased had a broken skull. broken spine Several ribs were broken and a lung was torn by the impact of the motorcycle the defendant was riding, flying away and crashing on the road.
The defendant is a police officer who is expected to uphold the law more strictly than ordinary people. to be a good example But the defendant violated the law in many ways. The accused is a police officer whose primary duty and responsibility must be to consider the safety and security of life and property of the people. But the defendant’s behavior clearly shows that the defendant did not take these duties and responsibilities into account in any way.
Both of the defendant’s circumstances violated the law in many ways. This shows that the defendant understands that being a police officer does not have to be done in accordance with the law. The duties performed according to the law are duties of ordinary citizens. The defendant’s actions also mislead the public into believing that the Royal Thai Police has not paid attention to training its personnel to consider their duties and responsibilities to strictly uphold the law while maintaining safety and security in the country . people are as they should be, therefore it was seen that the punishment that the Court gave to the accused was too light. It is inappropriate and proportionate to the seriousness of the defendant’s crime and the punishment prescribed by law.
Otherwise there would be no more serious circumstances of commission of an offense on this basis which would justify a more severe punishment. It is appropriate to punish the accused more severely than established by the Court without waiting for the determination of the sentence and waiting for the accused to be sentenced to imprisonment. So as not to lead society to be peaceful and confident in the safety of crossing the road at pedestrian crossings.
For the crime of driving faster than permitted by law. without considering the safety and suffering of others It was deemed appropriate to impose a prison sentence. 2 months for the crime of careless driving causing the death of another person, which according to article 291 of the penal code is punishable with imprisonment of no more than ten years. and a fine not exceeding two hundred thousand baht It was seen that the accused should have been imprisoned for 10 years and when the accused was given a new prison sentence without waiting for the prison sentence, which was found to be appropriate to the circumstances and severity of the accused’s crime. Therefore, no further sanctions will be imposed for the aforementioned crime. After the incident, the accused did not run away and confessed during the investigation and court proceedings. Whether it is because there is strong evidence or because the evidence was turned over, as the two co-plaintiffs appealed. It is however advantageous for the court’s consideration. The Court of First Instance reduced the defendant’s sentence by half, and the Court of Appeals agreed. The appeal of the plaintiff and the two appellants was partially accepted. The defendant’s appeal was not heard.
The sentence was resolved as follows: For the crime of driving faster than permitted by law. Without regard to the safety and suffering of others, imprisonment for 2 months for the crime of careless driving causing the death of another person.
Imprisonment for 10 years, reduced by half for each charge of driving faster than the legal limit. Without considering the safety and suffering of others, imprisonment for one month for careless driving that caused the death of another person is equivalent to 5 years of imprisonment and, if cumulated with financial penalties for other crimes according to the ruling of the Court , will be Imprisonment for 5 years and 1 month and fine of 4,000 baht if not modified to comply with the ruling of the Court of First Instance.
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