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The case of the death of a child has already reached the Kaunas District Court, but the father who lost his son is concerned because there are suspicions that the person drunk from the accident may avoid severe punishment.
The father is worried
“Kaunas Day wrote that 22-year-old athlete and motorcyclist Nedas Vinckas was killed by drunk driver Oleg Liovkin. The accident took place on May 22 in Mitkūnai village, Ringaudai old age, Kaunas district, at the intersection of the Jurginų and Juragių streets.
Immediately after the 1969 event, the average intoxication rate for the born driver was 2.08 avg. alcohol. A few days later, it was already announced that it was 1.87 avg. drunkenness.
The case begins in the courtroom this week. Liovkin is charged with driving while intoxicated, violating road safety or vehicle operating rules, and killing one person.
The indictment establishes that no aggravating circumstances have been established.
The father of the deceased, Darius Vinckus, fears that the drunk driver may evade true punishment. “Now he regrets it … Until he received the findings of the expert examination, he did not regret it,” noted D. Vinckus.
In the elderly Mitkūnai village of Ringaudai, at the intersection of Jurginų and Juragių streets, a drunken driver fatally injured a promising athlete. (Photo by Vilmantas Raupelis)
I wouldn’t have taken the risk
Accidents often occur when one of the drivers exceeds a safe speed. However, not in this case, D. Vinckus is convinced. And not only because of the son’s path, but because of the state of the vehicle.
Now he’s sorry … Until he received the test findings, he had no regrets.
“Ned always said he didn’t want to ride the streets. He didn’t like it. He just wanted to ride on the race track, in the ring. But there was a situation where a motorcycle had to circulate on the streets. His motorcycle engine of races had been reviewed. There was no time for that in the ring, so he took to the street, ” explained the deceased’s father, adding that his son did not walk that day for pleasure, not to feel the speed that he did not he did on the streets, but to prepare a motorcycle for the race, stored and that he would not have risked.
The expert examination established that N. Vinckus was driving at 97 km / h. speed, although the speed limit on that stretch of road was 90 km / h. However, experts say that the guy would not have avoided the accident if he had driven at 7 km / h. slower.
When O. Liovkin began to maneuver, turn left, the distance was too short for N. Vinckus to have avoided the collision that ended abruptly. No circumstances have been identified that would have caused poor visibility of the objects that were on the road.
Nedas Vinckus / D. Vinckus’ personal bow. Photo
Ideal visibility
The guy was killed in a known location near him. He had driven that road more than once.
“I myself drive a motorcycle. He invited me to ride together that day too. I couldn’t, I had a meeting,” said D. Vinckus.
Ned has traveled that path alone and with his father. “I used to tell him all the time: there are all kinds of back roads, sure, someone can leave them unexpectedly, but here … He was coming in front, you see. And that driver turned left without getting lost. He didn’t think anyone I could do that to you. “We motorcyclists, when we drive down the main road, we look at all roads absolutely. Those ways are cruel. They often turn around. And here they came from the front and flooded along the nose, “said D. Vinckus.
Kauno diena wrote that the boy’s friends visited the disaster site on the same day. “We were driving the same day, and the next day, and a week and later. There is such good visibility in that place. I cannot imagine how the day cannot be seen in front of the person who is coming. Friend Paul wondered how the culprit of the accident did not see the motorcyclist coming.
The culprit does not speak
The experience and reputation of Opel, who drove Opel, is unknown. After contacting him both in the summer and this week, the man declined to comment on the circumstances of the accident and answer other Kaunas Day questions.
Already in summer, we also asked the prosecutor what was the position of the driver of the Opel who hit the guy in the case, admits his guilt, has been found guilty of traffic accidents, how many times has he been arrested for driving drunk when his level blood alcohol level exceeded the legal limit? We also do not receive answers to these questions.
D. “Vincunai” D. Vinckus stated that he had formed his opinion on the morality of this conductor. The father was informed that immediately after the accident, the driver did not rush to rescue the injured himself, did not call a doctor, but called someone to consult how to act in such a situation, probably to alleviate his situation and suffer what less possible.
The shocked motorcycle community also attended the funeral of one of the youngest members of the “Superbaikas” club. (Photo of D. Vinckus’ personal bow).
“You should sit. Sit for a long time. But it seems that there may be nothing. According to preliminary data, drunkenness was found – above 2 per thousand. Police described speaking inappropriately, behaving inappropriately. He did not cross the line, he did not hit a finger on his nose, – “According to the witness, the driver got out of the car and called a familiar policeman instead of an ambulance. Three times. The ambulance was called by a witness behind him. If that already happens, you have to try to save a person’s life, but in any case call an ambulance. and immediately tried to rotate his butt. “
Commentary
Justas Jankauskas,
Jankauskas and Partners Attorney
When a person, while drunk and driving a road vehicle, violates the rules of road safety or the operation of the vehicle, if it results in an accident that results in the death of a person, the only penalty is jail, from three to ten years. While this crime is considered negligent, it falls under the category of a felony.
A person can avoid the actual execution of a sentence only if the court sentences him to a maximum of six years in prison and there are sufficient grounds to believe that the objectives of the sentence will be achieved without the actual execution of the sentence or if the person complied just a part of it. Punishment purposes are understood as the final result that the State seeks in the imposition and application of punishments. Such as: punishing the person who committed the crime; deprive or restrict a convicted person of the possibility of committing new crimes; influence the authors to comply with the law and not repeat offenders, etc. Thus, only if the above conditions are met can the person avoid the actual execution of the sentence, and when deciding to suspend the sentence, the court must evaluate all the circumstances of the case, both the personality of the convicted person, that is, to evaluate the nature and degree of dangerousness of the crime, the positive and negative characteristics of the convicted person’s personality, the inclinations, the reasons for committing the crime, etc.
Looking at recent jurisprudence in similar cases, it should be noted that the custodial sentence normally imposed on a person ranges from four to six years and is subject to a three-year moratorium. However, there are also cases in which the sentence is exceeded for more than six years, which eliminates the possibility of avoiding the effective execution of the sentence. The most common criminal penalty is a driving ban for at least three years. It should be noted that the jurisprudence on the postponement of the sentence in these cases has relaxed somewhat, as in 2017. The SCL has frequently pointed out in its rulings that “cases in which a person under the influence of alcohol, narcotic drugs, psychotropic drugs or other psychoactive substances, in serious violation of road safety regulations, cause a traffic accident that causes death or serious damage to the health of other people In general, they are considered to deny the possibility of imposing a conditional sentence on said person , since it is not in line with the search for justice and does not contribute to the achievement of other sanctioning purposes established in article 41 of the Penal Code “. Therefore, in the past, individuals have not so easily been able to avoid actual incarceration, contrary to what is observed in current jurisprudence.
However, even if a person has been sentenced to more than six years in prison, the court can also partially suspend the execution of the sentence imposed. In the case of partial suspension, the court will determine the part of the custodial sentence to be served immediately after its entry into force, which may not be less than six months or more than two years, and the period of one to three years of suspension of the sentence. Thus, the system of provisions of Criminal Law for the application of criminal responsibility guides the court to apply a real custodial sentence to the convicted person only as a last resort and, within the limits of the discretion granted, to consider the possibility of limiting to alternative legal means.
It is quite difficult to assess whether, in this case, the perpetrator of a traffic accident can evade a real custodial sentence without knowing all the relevant circumstances of the case.
Vilmantas Raupelis, D. Vinckus’ personal bow. Photo
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