A 36-year-old soldier with the rank of Corporal in the Territorial Army (Askar Wataniah) Regiment 516 has been sentenced to 30 days in jail and a fine of RM10,000 by the Tawau Magistrate Court today after pleading guilty to an amended charge following a ‘plea bargain’.
The accused, Davyson Nyganggau Anak Lawai, was previously charged under Section 44(1A)(b) of the Road Transport Act 1987 for driving while under the influence of alcohol.
A Malaysian soldier was charged with driving under the influence of alcohol in Tawau, Sabah
According to the facts of the case, as reported by Harian Metro, the accused had driven a Perodua Bezza while having 372mg of ethanol in 100ml of blood, 50mg above the prescribed limit, on Jalan Utara Simpang Kem Kukusan in Tawau, Sabah, on 25 April 2024 at 10.45pm.
As a result of his drunk driving, the accused had caused an accident involving a 27-year-old motorcyclist, who was also injured as a result of the accident.
Under the aforementioned provision, the accused could’ve faced imprisonment between 7 and 10 years, a fine between RM50,000 and RM100,000, as well as being barred from obtaining a driving license for 10 years, if convicted.
The accused filed for a ‘plea bargain’ and got his sentence reduced
For illustration purposes
However, the accused had filed a representation to the Attorney-General Chambers (AGC) for a ‘plea bargain’ to amend the charge and reduce the punishment.
In today’s proceeding, the prosecution agreed to the representation and amended the charge to Section 45A(1) of the Road Transport Act 1987 instead. The accused then pleaded guilty in front of Magistrate Don Stiwin Malanjum to the altered charge.
Section 45A(1) of the Road Transport Act 1987 prescribes a punishment of up to 2 years in jail and a fine between RM10,000 and RM30,000 if convicted.
In his judgment, Magistrate Don Stiwin Malanjum sentenced the accused to 30 days in jail and a fine of RM10,000. Should he fail to pay the fine, he will be jailed for an additional 30 days.
He is also barred from obtaining a driving license starting from the date of conviction.
