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PA was sentenced on May 2, around 5 pm, Jonava district. sav., drove the car while intoxicated (2.22 parts per thousand intoxicated), violated Road Traffic Rules, did not choose a safe driving speed, as a result did not control the car on the right curve of the road, went off the road turned left and rolled over, resulting in the death of three passengers who were driving the car together, the court said.
During the trial, the Palestinian Authority acknowledged that driving while intoxicated caused an accident that killed three passengers.
“These explanations are confirmed by other evidence collected and examined during the trial and investigation: inspection protocols of the place of the traffic accident, conclusions of specialists, testimonies of witnesses during the investigation and other written evidence. “- affirms in the judgment of the court.
It should be noted that PA was separately charged with driving under the influence of alcohol.
The court clarified that both the infractions provided for in article 281 (6) of the CC (driving under the influence of alcohol in violation of traffic regulations, which resulted in a traffic accident in which a person died) and article 2811 (1) of the CC (driving under the influence of alcohol) The same requirement of Clause 14 of the KET, which prohibits intoxicated people from driving a vehicle, is violated in the event that, therefore, it can no longer be qualify separately according to article 2811 (1) of the CC, since the person cannot be sanctioned twice for the same qualification.
‘In the present case, after verifying that the defendant, while driving while intoxicated, exceeded the speed limit, knew the dangerousness of the offense and wanted to do so, but did not anticipate that his jurisprudence in this category of criminal cases, that It can only be qualified according to an article of the CC, that is, article 281 (6) of the CC, is formed, indicating in the accusation a legally significant characteristic: that a person drove a vehicle while intoxicated, “the court noted .
In sentencing the accused AP, the court took into account the fact that he had committed an offense due to negligence of road safety, but the offense he committed was extremely dangerous, with irreversible painful consequences. “The defendant violated the Road Traffic Rules in a particularly serious manner, and up to three people died in the traffic accident caused by him,” the court ruled.
The case found that the car accident caused by the defendant was caused by particularly serious violations of traffic rules, that is, intoxication, significantly exceeding the speed limit, carelessness, which made it impossible to drive the car, so the actions of the accused, although negligent.
The accused was not convicted, he was not administratively sanctioned. The sentence imposed on him was reduced by a third. Mitigating circumstance of the accused – PA admitted to having committed a crime and sincerely regrets having voluntarily and partially compensated the material damages. No aggravating circumstances have been identified.
The AP of the court imposed a real custodial sentence. “Despite the fact that the accused was not convicted, given the seriousness of the crime committed by him, the court concludes that the purposes of the sentence cannot be achieved without the effective execution of the sentence,” the court reasoned.
One of the victims received EUR 968.00 for representation expenses from the Palestinian Authority.
The judgment can be appealed to the Kaunas Regional Court within 20 days of its publication by filing an appeal with the Jonava Palace of the Kaunas District Court.
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