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On Thursday, the Lithuanian Court of Appeal issued a ruling in the Vilnius Regional Court in 2020. July 22 conviction of R. Savukynas and convicted of driving under the influence of alcohol, violating the rules of road safety and vehicle operation, not choosing a safe driving speed, ignoring road, driving and weather conditions, did not control the car, collided with cars parked in front, killed a person in this traffic accident, easily damaged the health of two people and damaged three vehicles.
The panel of judges of the Lithuanian Court of Appeal concluded that the regional court had reasonably recognized that this act of R. Savukynas was considered a negligent violation of traffic regulations and sentenced him to six years and six months in prison (more than the average punishment provided for in the Penal Code).
The defendant said that he pleaded guilty and sincerely apologized, apologized to the victims, partially compensated the damage and asked the court to consider it a mitigating circumstance, but the court did not recognize it as a mitigating circumstance, noting that the convict sought to justify his conduct, reduce your liability.
The panel of judges agreed that the sentence of six years and six months in prison imposed on the convicted person was duly individualized and that the circumstances relevant to the amount of the sentence had been correctly assessed.
The trial court also reasonably prohibited R. Savukynas from exercising the right to drive road vehicles for three years, that is, it imposed the maximum punitive measure in force at that time.
“The purpose of the sentence is to punish the perpetrator of a criminal offense, prevent him from committing criminal offenses, deprive or restrict the opportunity of the convicted person to commit new criminal offenses, influence the perpetrators to comply with the law and not repeat offenses, to guarantee the application of justice “. panel of judges.
After the entry into force of this procedural decision of the Lithuanian Court of Appeal, R. Savukynas will be obliged to serve a real custodial sentence, the law establishes that people convicted of negligent crimes must serve their sentence in open colonies.
The panel of judges of the Lithuanian Court of Appeal agreed with the regional court’s conclusion that the owner and lessor of the vehicle driven by the convicted R. Savukynas UAB Prime Leasing is also responsible for the traffic accident and the damages caused.
According to the panel of judges, the car rental company UAB Prime Leasing did not comply with the obligation to act with caution and diligence, it handed over the car to an intoxicated person, which caused a traffic accident in which people were killed and injured.
«The lessor, in the development of the car rental business, by assigning the right to use and exploit vehicles to third parties, has not taken any measures to ensure that the prohibition of driving while intoxicated is complied with at the time of transfer .
In addition, there are greater demands for responsibility, diligence and diligence on the part of entrepreneurs, so the mere fact that compliance with legal imperatives imposes a certain economic burden cannot by itself eliminate their civil liability, so that the Those involved must assume the risks of the business model. “- declares the panel of judges.
The Lithuanian Court of Appeal agreed with the findings of the court of first instance regarding the amount of monetary sums awarded to the victims for non-pecuniary damages, as well as resolved the complaints regarding pecuniary damage awarded.
This judgment of the Court of Appeal of Lithuania will enter into force on the day of its adoption and may be appealed in cassation before the Supreme Court of Lithuania within a period of three months.
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