Manslaughter caseProsecutor recommends suspended sentence under condition of drugs and alcohol ban for driver responsible for killing passenger

RTL Today
A young man aged 23 years is on trial for involuntary manslaughter, from a case dating back to 2017.
© RTL Archiv

The accused expressed great remorse at the events of two years ago on Wednesday afternoon. The case in question comprises a fatal accident which occurred in September 2017, between Larochette and Angelsberg, in which the 23 year old was the responsible driver.

A girl aged 17 years old, seated in the back of the car, was fatally injured in the accident, while the passenger suffered severe wounds. The driver, who had consumed alcohol and drugs during a prolonged night out until 6 am, met the girl at a bus stop and offered her a lift despite his inebriated state.

In court, the young man said he had then stopped at a petrol station to get some food, then was en route to Angelsberg. He claimed not to have been driving too fast, estimating his speed at 70 to 80 km/h, although the judge interrupted and reminded the court the expert had spoken of speeds ranging from 90 to 139 km/h. The driver had nodded off briefly, losing control over the vehicle and veering off the road and hitting three trees.

He told the court he woke up at the moment of the collision and felt for the pulse of his two passengers. The young girl died on impact and his other passenger was in a coma for three weeks and signed off work for six months. The second passenger was unable to recall anything before waking up in hospital.

Both lawyers representing the mother of the victim and the other passenger called for damages and interest for their clients at a total of €155,000. The accused's lawyer instead argued to share responsibility, pointing out that both victims agreed to be driven by the driver despite knowing of his condition. In his eyes, a suspended prison sentence is sufficient.

The prosecutor argued that the defendant had accumulated aggravating circumstances, such as speeding, extreme fatigue, driving under the influence of alcohol and narcotics. Consequently, the prosecutor recommended a two-year driving ban, a fine and an 18-month suspended prison sentence under the condition that he can prove that he no longer consumes drugs or alcohol.

The verdict will be proclaimed on 24 October.

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