Aneta Denemarková
external editor – trainee
He entered Brno in the opposite direction with his truck and collided with an oncoming car. He was responsible for the death of the car driver and her passenger, and caused serious injuries to another passenger. In February, the district court for Brno-venkov sent him to prison for two and a half years and banned him from driving for five years for manslaughter and serious bodily harm due to negligence. The man appealed against the sentence. The panel of the Regional Court in Brno discussed the appeal on Wednesday.
Pavel K. considered the unconditional sentence for the accident in February 2022 to be disproportionate. “These punishments are imposed on persons who are to be separated from the company due to the company’s interest in safety,” said his defense attorney Pavel Čechlovský, adding that his client does not meet this point. He therefore proposed only a condition for him.
Prosecutor Jiří Morava, on the other hand, continued to insist on the district court’s decision. “Given the fatal consequences of the accident, I think the punishment is appropriate,” he said of the fatal accident.
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When Pavel K. had the opportunity to have the last word, he expressed his regret and asked the senate for leniency.
The senate of the regional court, headed by the president Hana Kleinová, rejected the appeal. One of the reasons was that the district court could have sentenced the man to up to six years in prison. “The defendant was sentenced in the lower half of the statutory penalty rate because he has no previous convictions and has no records on his driver’s license since 2016,” Klein said.
On the other hand, the president of the senate assessed the circumstances of the fatal accident as an aggravating circumstance. “There were several crimes, two people died. In addition, they did not participate in the occurrence of the traffic accident, they drove in a manner in accordance with the rules of road traffic,” she said.
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Pavla K. Kleinová characterized the ride as gambling. “He was driving a fully loaded lorry, exceeding the speed limit. These are the circumstances of the case that exclude a suspended sentence,” she reasoned.
“The punishment also protects society from dangerous drivers,” she added.
The convicted person cannot file an appeal against the decision of the regional court. He can only use the extraordinary remedy of appeal to the Supreme Court. He did not comment on whether he would use it on the spot.
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