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Court of Justice Hof (archive picture): Endangering road traffic with negligent homicide, but no illegal street race
Photo: Matthias Merz / picture alliance / dpa
After a fatal accident in Upper Franconia, the driver was sentenced to a suspended sentence of one year and nine months.
The judgment of the youth chamber of the regional court in Hof was on endangerment of road traffic with negligent homicide, reported among other things the news agency dpa.
According to the court, the then 20-year-old drove through the city of Selb at at least 78 kilometers per hour on February 6, 2020.
His risky driving style should have impressed a group of vocational students, it said.
Then there was an accident.
The defendant drove "grossly illegal and inconsiderate," said the presiding judge.
According to the BR, the court saw it as proven that the 21-year-old driver killed the 19-year-old in the accident.
Prosecutors asked for four years in prison
The prosecution's demand that the accident drive be classified as an illegal car race and that the driver be convicted of murder, however, was not followed by the court.
A conditional killing intent of the driver could therefore not be recognized.
The public prosecutor's office and the family's lawyer had demanded four years in prison, and the defense attorney a maximum of seven months in prison.
The defendant had last denied that the ride was part of a race and apologized to the victim's family.
more on the subject
Autoraser trial in Berlin: Federal Court of Justice confirms murder sentence against the main defendants
Trial against Ku'damm speedsters: "Driving through a traffic light when it is red is like Russian roulette" Von Wiebke Ramm
Convictions for murder after speeding accidents are rare.
According to the case law of the Federal Court of Justice, it depends on the circumstances of the individual case.
In Hamburg, for example, a man was convicted of murder who had killed a taxi passenger in an accident with a stolen car.
While fleeing the police, the perpetrator had intentionally driven into the opposite lane at speeds of up to 155 kilometers per hour.
The district court assumed that he was indifferent to the life of others and his own life.
According to the BR, the ruling of the Hof Regional Court is not yet final.
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fek / dpa