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The 27 year old received four months of conditional prison and a fine of 3,220 euros for negligent homicide – Not definitive. It is said that he traveled with inattention and excessive speed.
The momentous traffic accident occurred on the night of May 9, 2019 on a wet road – the OÖN reported. The motorcyclist had pulled up to the side of the road in the dark, but was wearing reflective clothing. The 34-year-old man died at the scene of the accident. After the crash, the driver of the car ran away and did not confront the executive until the next day.
Several hours after the accident, officers from the Neumarkt ad Ybbs police station were informed that the lower part of a human leg had been found on Atzelsdorferstrasse in the Blindenmarkt area. The male corpse was discovered about 80 meters away, next to which lay a racing bicycle. The victim, a man from Losenstein in the Steyr-Land district, was wearing a helmet.
“I completely overlooked it”
On the first day of the trial, October 8 of the previous year, the defendant confessed, but denied the gross negligence alleged in the accusation. “I completely overlooked it,” the 27-year-old said of the rider. “I only noticed one pen and that’s it,” said the man, who claims to have believed in a wildlife accident.
The hearing was postponed in October 2019, after which an on-site inspection was carried out at the accident site. The reconstruction-based traffic engineering report showed, according to the sole judge, that the driving speed of 80 km / h to 100 km / h in the given weather conditions and the low beam used should be “considered relatively excessive”.
The defense attorney did not deny it in his guilty plea. His client was traveling “too fast for visibility”, but this was “a mass phenomenon” in domestic traffic and did not signify gross negligence. “They were both in the wrong place at the wrong time.”
In the end, the sole judge also did not see gross negligence. “I suppose that could have happened to an average citizen as well,” he said. However, with the high beam on, the collision could have been avoided with a slight deflection movement.
Regarding the assessment of the sentence, a prior relevant conviction of the accused was considered aggravating. The repentant confession and the fact that the 27-year-old had already complied with all the private demands had a mitigating effect. The defense attorney waived his right to appeal, the prosecutor did not make a statement.
