A Delhi court has refused to set aside the conviction and sentence of a man for driving in an inebriated state, observing that several valuable lives are lost every month due to drunken driving.
Additional Sessions Judge Raj Kumar Tripathi, however, granted relief to Haryana resident Rajesh Kumar by reducing the 10 days jail term to five days considering that he is a first time offender with no criminal records and his driving licence has already been suspended for six months by the order of trial court.
"It was highly probable that a driver like the appellant being under the influence of alcohol and to that extent, could cause serious accidents. Driving in this manner, appellant had put the life of road users to the risk as well as his own life in danger.
"It is a matter of common knowledge that due to drunken driving several valuable lives are being lost every month," the court said.
It said the alcohol content in the blood of the appellant was 30 times more than the permissible limit and there was no "illegality, infirmity or perversity in the order passed by the trial court".
Kumar had appealed against the trial court order, saying he had pleaded guilty before it as he was misled by his counsel and was not aware that he will be sentenced to jail.
The court, however, refused to agree with his contention, saying that he was explained the consequences of pleading guilty by the metropolitan magistrate in vernacular.
It also rejected Kumar's contention that his blood test was not conducted in the hospital by police officials, saying there is no requirement under any law that the police official must get the drunken driver medically examined or his blood test conducted in any hospital.
The trial court in its order had awarded him 10 days simple imprisonment and Rs 2000 fine. Kumar's driving licence was also suspended and he was also directed not to drive any vehicle for six months.
