The Berlin district court has sentenced a speeder to three years and ten months in prison for negligent bodily harm.
Djordje S. was initially sentenced to 13 years in prison in September 2018 for attempted murder of a mother and her child.
The now 35-year-old took action against the judgment, the Federal Court of Justice (BGH) in Karlsruhe overturned it completely in October 2019.
The new ruling by the Berlin Regional Court provides not only for imprisonment but also for subsequent placement in a rehab facility, and the convicted person's driving license will be revoked for five years.
In addition to negligent bodily harm, S. was convicted of assaulting law enforcement officers, willful drunkenness and fleeing an accident.
On the run from the police, S. is said to have raced drunk through Berlin-Kreuzberg in September 2017.
He is said to have captured a mother and her eight-year-old child in the morning rush hour.
Both are said to have been thrown about ten to 15 meters through the air over the hood.
In 2018, the district court went beyond the demands of the public prosecutor's office
The Berlin regional court sentenced S. to 13 years imprisonment in September 2018 and thus went one and a half years beyond the demands of the public prosecutor.
However, the BGH conceded this judgment.
In its new decision, the Berlin court came to "fundamentally different conclusions" than in the first case.
"It may be astonishing that 13 years are now just under four years imprisonment," said the presiding judge on the grounds for the verdict.
In the question of whether there was an intention to kill, law and law were applied impartially.
"All in all, we can not rule out that the defendant crossed the intersection, assuming there was no pedestrian."
Under these circumstances, no intention to kill could be assumed.
For the relatives of the victims, the decision is a "scandal".
The seriously injured mother's uncle, Mikail Akil, described the verdict as "ridiculous".
"We are shocked, we did not expect that," said the 42-year-old after the verdict was announced.
"This person wanted to kill people".
The family plan to go to the next instance.
In their decision to overturn the original murder sentence, the Karlsruhe judges found that the findings on the accident were "incomplete in essential points".
For example, "the visibility that is essential for the assumption of deliberate action" is not clearly established and documented for the accused at the scene of the accident.
The Berlin reasons for the judgment are also contradicting the question of whether S. actually noticed passers-by on the street.
The BGH also criticized the fact that the man's speed of at least 75 kilometers per hour in the city was "unsustainable".
The Berlin regional court also stated in its judgment that S. had accelerated shortly before the scene of the accident.
However, the Karlsruhe judges found that there was "no evidence of this".
Speeding cases keep the courts in Germany busy.
In June, the BGH confirmed the murder sentence against a Berlin speedster who had caused a fatal accident in an illegal race on Kurfürstendamm.
The BGH, however, overturned the murder sentence against the second Ku'damm speedster.
His case must therefore be negotiated a third time.
In such cases, it must be decided in each individual case whether it is negligent homicide or murder.
Icon: The mirror
svv / AFP