The Court of Appeal in Białystok issued a final sentence of five and a half years in prison against a 62-year-old woman who fatally hit a pedestrian walking on the sidewalk. The accused was drunk. In court she said she didn't remember anything. In addition to the lifetime driving ban, which was also imposed by the court of first instance, she received an additional PLN 10,000. PLN compensation to be paid.
The accident occurred on the evening of October 18 last year at Wierzbowa Street in Białystok towards the exit to al. Jana Pawła II near the Turkus hotel.
At the bend, the 62-year-old woman driving the Volkswagen drove onto the pavement, where she hit a woman and then hit a tree with great force. The 62-year-old pedestrian died on the spot.
The car stopped in a tree KMP in Białystok
She had 2.53 per mille of alcohol in her body
The prosecutor's office accused the driver of intentionally violating road safety rules and unintentionally causing a fatal accident while under the influence of alcohol. A blood test showed 2.53 per mille of alcohol in the body.
Before the court of first instance, the accused pleaded guilty and apologized for what happened. During the investigation, she said that she did not drink alcohol and did not remember whether she had driven a car that day.
The hit pedestrian was noticed in the bushes only a few minutes later
The driver, who came from the opposite direction and was a witness in the case, described that the force of the collision with the tree was so great that the rear of the Volkswagen broke off about two meters from the ground.
As he said before the court of first instance, he turned around the street, stopped at a safe distance and ran up to the car. At that time, his wife called 911. He added that before the accident, the car was driving “from curb to curb”. The hit pedestrian was noticed only a few minutes later by a passer-by in the bushes beyond the sidewalk. At the scene, the ambulance tried to resuscitate her, but to no avail.
The District Court in Białystok sentenced the driver to 5.5 years in prison, a lifelong ban on driving any motor vehicle and a fine of PLN 10,000. PLN cash benefit to the Victims' Assistance Fund and Post-penitentiary Assistance.
She received an additional 10,000. PLN compensation
As for the prison sentence, the sentence was in line with the prosecutor's request. However, she filed an appeal, demanding an additional, mandatory compensation for the Victims' Assistance Fund and Post-penitentiary Assistance. The point was that the district court convicted her only of drunk driving, but not of causing a fatal accident in that state. These are two separate crimes.
The Court of Appeal in Białystok accepted this appeal on Thursday (October 24) and awarded an additional PLN 10,000. PLN compensation. He pointed out that it was not possible to award it to the victim's relatives, because then the Penal Code refers to the Fund. The appellate court also did not agree with the defense's request that the amount of the compensation be reduced.
As judge Halina Czaban justified, the appellate court found that the compensation for a more serious crime (fatal accident) cannot be lower than for driving under the influence of alcohol. The judgment is final.
Main photo source: KMP in Białystok