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The Kraupi accident occurred in 2020. June 13, at approximately 00 pm 48 min., Within the limits of the village of Šventežeris in the Lazdijai district. According to the case data, while driving a BMW 523i, T. Jančiūnas was intoxicated (2.12 per thousand alcohol was found in his blood) and significantly exceeded the speed limit.
The BMW driver did not take into account the traffic conditions, the fact that it is dark. It exceeded the maximum allowed in the town at 50 km / h. speed more than three times. Experts found that BMW was driving through the city at about 185 km / h. velocity.
It is not surprising, therefore, that the drunk driver did not see the 18-year-old riding a motorcycle ahead in time. The front right side of the BMW hit the rear wheel of a Yamaha motorcycle in the same direction.
The young rider has just been shot down. It fell to the surface of the road. The 18-year-old suffered multiple injuries and numerous fractures. Doctors couldn’t help him anymore, the guy died.
The victims in this case were the parents, brother and sister of the deceased. The parents asked the defendants to sentence 300,000. EUR, brother and sister – 80 thousand. euros. However, the Kaunas Regional Court awarded significantly lower amounts. In total, T. Jančiūnas will have to pay 26.5 thousand to his family. euros.
It is true that the parents of the deceased already received 36.4 thousand. payment in euros. Therefore, the convict may still have to repay this amount. However, the point in this case has not yet been established, as this verdict can still be appealed to the Lithuanian Court of Appeal.
Fully pleaded guilty
During the court hearing, T. Jančiūnas fully admitted his guilt. He said that in 2020. June 12 I met a friend who invited me to celebrate his birthday together. In his BMW car, he drove to a place indicated by a friend by the lake.
There were a few more people there who were eating beer, pitching tents. T. Jančiūnas joined them and started drinking. He decided to drink alcohol and spend the night in a tent. At first he drank beer, then he started drinking vodka.
But then there was a conflict between him and a friend. T. Jančiūnas said that he had been hit in the face with his fist. Therefore, not wanting to continue the conflict, he decided to leave. He sat in his car and drove to a nearby town where a childhood friend lived. He expected to spend the night there, but his friend was not at home.
Then T. Jančiūnas decided to go home. He stated in court that he was driving between 90 and 100 km / h. speed, and as he approached the city he slowed to 70 km / h. He drove with his high beams on, as if he saw that the road was empty. After passing half the town, he increased his speed, he did not look at the speedometer, so he did not know exactly what the speed was at that crucial moment.
The culprit of the accident claimed that another car was driving in front of him, the lights of which blinded him. After passing that car, he suddenly saw a faint red light about 10-20 meters away. It was the light of a motorcycle driven by an 18-year-old.
T. Jančiūnas could not say why he had not seen the motorcycle before. He said he braked suddenly but couldn’t do anything and a bump occurred after a second. He immediately noticed that the right front of the car was obstructing the motorcycle. Then his car was thrown, he flew into the ditch, he turned.
Upon arrival, the police said that he was not driving, that there was another person. He said it because he was scared, shocked. The drunk driver said he always thought the speed limit there was 70 km / h. However, he could not refute the experts’ estimate of 185 km / h. speed because he didn’t look at the speedometer.
In the eyes there is an image of a wounded son.
The 18-year-old mother, who died, told the court that the son left to look for friends around 8 pm They agreed that he would return between noon and the first hour of the night. The mother said that the son always returned at the agreed time.
According to the mother, the son drove carefully, neatly. The son did not return at the agreed time, so around 5 pm in the morning my mother wrote him a message saying that she could not find her at home. But in the morning, the police officers had already reported the traffic accident.
The woman said she suffered moral damage and that no one will return her son. She is constantly in the sight of a seriously injured son, so both she and her husband are constantly taking prescription medications to reduce sleep and lower blood pressure.
The 18-year-old had to inherit the family farm. The mother said that the boy was going to be a farmer, that he was going to study and dedicate himself to organic farming with his brother. The woman hoped that life would have consolation, peace, because the son promised to stay on the farm and continue living together.
The woman said that the son was constantly helping out on the farm and that the other children had already gone elsewhere. But the relationship between all the family members was excellent. The 18-year-old kept in constant correspondence with his sister and met with his brother frequently.
Court reasons
As already mentioned, the charges against T. Jančiūnas were initially brought for murder. The Kaunas Regional Court set out the reasons why the accused had been sentenced under another article of the Penal Code.
According to the court, the circumstances of the case show that T. Jančiūnas, while seriously violating the requirements of the TFE, acted carelessly and felt guilty; however, there is no basis to conclude that he realized that the consequences of his actions were very serious. probable or even inevitable.
The incident occurred around midnight, when traffic on the road was not as intense as during the day. The fact of low traffic intensity was also confirmed by witnesses who passed the motorcycle just before the traffic accident, who indicated that there were no more vehicles without a motorcycle and a car driven by T. Jančiūnas on the road.
In a criminal case, in addition to the main characteristic of the subjective side: the guilt, motive and purpose of the criminal act are also important for the proper classification of the crime. In this case, it has not been established that T. Jančiūnas had sought to take the life of a motorcyclist, because there is no data in the case about his conflicting or similar relationships, the defendant had no personal relationship with the deceased. Furthermore, there is no evidence in the file that T. Jančiūnas realized the very probable or even inevitable consequences: the death of a person and did not renounce his dangerous behavior.
The circumstances established in this case allow us to conclude that T. Jančiūnas, while driving a car, under the influence of alcohol and exceeding the safe and permissible speed, although he foresaw that these actions could cause a traffic accident, but not only did he not want the consequences But it also did not allow them to rise consciously.
He acted with the confidence that he did not feel that the level of alcohol intoxication would interfere with his proper perception of the environment, believing that even at high speeds (more than 2 times his allowed speed of 70 km / h) he would be able to control the car. in time, stop if there are obstacles on the way.
In the present case, the road used by T. Jančiūnas was straight, although he walked inside the settlement, but there were no residential houses near the road, which allowed him to reach 70 km / h to the intersection behind which the accident occurred. of traffic. velocity.
According to the court, the defendant’s confidence in his driving skills and in the capabilities of the newly repaired car was frivolous, but in light of all the facts of the present case, it can be concluded that he did so intentionally.
Judging that the actions of T. Jančiūnas were unintentional, the court notes that the defendant initially tried to comply with the requirements of traffic regulations, approached the settlement and slowed and increased it again only just before the accident of traffic, so you did not have enough time to evaluate your actions, please continue or discard these steps.
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