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The convicted person was also deprived of his driving license for 5 years and of the amount of money corresponding to the value of the car driven – forfeiture of 100 euros in favor of the state – reports the Jonava Chamber of the Kaunas District Court in a statement from press.
P. Abramov was convicted of driving a car while intoxicated in the Jonava district on May 2, 2020 at approximately 5 pm (2.22 percent intoxication detected), violated Traffic Rules, did not choose a safe driving speed and therefore did not control the car on the right turn of the road, went off the road to the left and rolled over.
Up to three passengers traveling together in the car died in the accident.
During the trial, P. Abramov admitted that driving while intoxicated caused a traffic accident that resulted in injuries to three passengers.
“These explanations are supported by other evidence gathered and examined during the trial and pre-trial investigation: accident scene inspection reports, specialist findings, witness testimony during the pre-trial investigation and other written evidence,” he said the court.
It should be noted that P. Abramov was separately charged with driving under the influence of alcohol.
The court clarified that both article 281 (6) of the Penal Code (driving under the influence of alcohol in violation of the Traffic Regulations, which resulted in a fatal accident) and article 281 of the Penal Code.1 The same requirement of article 14 of the Road Traffic Regulations that prohibits the driving of a vehicle by intoxicated people is violated in the case of the commission of the crimes provided for in article 281 (1) of the Penal Code (driving under the influence of alcohol ).1 Article 2 (1) no longer qualifies because a person cannot be punished twice for the same qualifying characteristic.
‘In the present case, after verifying that the defendant, while driving while intoxicated, exceeded the speed limit, was aware of the danger of the crime and wanted to do so, but did not anticipate that his jurisprudence in this category of criminal cases, which can only be qualified in accordance with an article of the Penal Code, that is, in accordance with article 281 (6), by indicating in the accusation a legally significant characteristic: that a person was driving a vehicle while intoxicated, ”said the court.
When sentencing the defendant P. Abramov, the court took into account the fact that he committed a careless crime of road safety, but the crime committed by him is extremely dangerous, provoked irreversible painful consequences.
“The defendant violated the Rules of the Road in a particularly serious manner, and up to three people were killed in the traffic accident caused by him,” the court ruled.
The case found that the accident caused by the accused was caused by particularly serious violations of the KET, that is, intoxication, significantly exceeding the speed limit, carelessness, which affected the mismanagement of the car, so that the actions of the accused, Although negligent, they should be considered dangerous.
The accused was not convicted, he was not administratively sanctioned. The sentence imposed on him was reduced by a third.
Mitigating circumstance of the defendant – P. Abramov admitted to having committed a criminal act and sincerely regrets having voluntarily partially compensated for the material damage. No aggravating circumstances have been identified.
The court sentenced Mr. Abramov to a royal custodial sentence.
“Despite the fact that the accused has not been 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.
Mr. Abramov was ordered to pay 968 euros in representation expenses to one of the victims.
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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