A year ago, a 21-year-old died on the B11 in Wolfratshausen.
The person who caused the accident drove away.
Now he has been tried.
After a fatal accident a year ago, the police were looking for the person who had caused the accident
A Wolfratshauser pensioner was identified
The 81-year-old was sentenced to a fine on Wednesday
Wolfratshausen
- The population was dismayed shortly before Christmas last year: On December 17, 2019, a young Afghan (21) was hit by a car on the B11 in Wolfratshausen.
The person who caused the accident drove away, the asylum seeker died on the roadside.
Only a few days later, a Wolfratshaus pensioner was identified as the perpetrator.
Now the 81-year-old had to answer in court: for unauthorized removal from the scene of the accident, he was sentenced to a fine of 180 daily rates of 150 euros each (a total of 27,000 euros).
The man himself dialed 112 that evening and reported the accident.
However, he had not revealed himself to be involved in the accident.
“We were close to the negligent homicide,” judge Helmut Berger made clear in his judgment that the proceedings could have taken a different course.
This could have been assumed at first when little more was known than, say, the observations of a witness who had seen the accident on the premises of a nearby pharmaceutical company.
During the trial, the warehouse clerk (37) reported: “The man had a slightly staggering gait.
I got the impression that he was heavily drunk. ”And further:“ I still thought, I hope he won't be run over.
Shortly afterwards there was a crash. "
Expert opinion: The victim had alcohol in his blood
A blood test showed: The victim had almost 1.4 per thousand alcohol in his blood at the time of the accident.
Why there was no longer talk of negligent homicide emerged from the accident analysis report.
At the end of March this year, the events on the B11 were recreated.
Among other things, it turned out: “The victim cannot have confessed.
It was definitely not overrun ”, as the motor vehicle expert Marion Neumeier explained.
She is convinced that “the victim must be lying on the road with his feet facing the arriving car.” The defendant “drove over it relatively centrally” with his Mazda 5.
This was also what the second Dekra expert Tobias Kick assumed, who had drawn up a technical lighting report.
“I was surprised at how pitch black it is there,” explained the specialist.
Therefore, at an assumed speed of the permitted 60 kilometers per hour, the man on the street was recognizable far too late.
In short: the collision was unavoidable for the senior.
"Technically it would have been possible to drive around, but it would have had to be a very good, quick-reacting driver," added the expert.
The retiree's further behavior also raised some questions.
The fact is that the man initially moved away from the scene of the accident and at the next intersection at a red light turned left onto Pfaffenrieder Straße.
Chased by a pizza delivery boy who had observed the collision in front of him on the street ("I thought it was an accident with an animal") and drove after the supposedly fugitive.
The Mazda stopped shortly after the intersection.
He stood by and told the man that he had to go back, that he had run over something, that he had to call the police.
That is what the defendant did.
He turned around, drove back onto the B11, stopped at the bus stop in Farchet, informed the police and showed the officers who had arrived shortly afterwards where the accident had happened.
He did not say that he was significantly involved in the matter.
When he asked whether he was still needed, the police said no.
Then the pensioner drove home.
Pizza delivery man had photographed the accident car
The investigators found his trail through the pizza delivery man.
The 25-year-old was surprised when he read on the Internet two days later that the person who caused the accident was still being sought.
The witness had taken photos of the car and noted the license plate number.
"There was no doubt that this vehicle was involved in the accident," confirmed a police officer after the Mazda was found in the defendant's garage.
When confronted with the crime, the accused only ever spoke of a box that he had run around, the police officer said.
There was no emotional reaction from the man during interrogation.
"He was very focused on the matter, but also very, very cold," said the witness.
"He did not admit in any way that he ran over a person." He had already said that he was terribly sorry if someone had died, the accused later replied.
During the hearing, he only commented on the allegations at the end of the evidence.
He couldn't remember being run over.
He was still of the opinion that he had driven around the obstacle on the road, which he initially thought was a box.
Because he could not park in the narrow area between the traffic island and the noise barrier, he intended to turn around at the next intersection and drive back to the accident site.
That is why he “did not assume that I had hit a hit,” said the 81-year-old.
After another consultation with his lawyer, he admitted the allegations, but made no secret of the fact that he would have liked an acquittal.
"I have not achieved what I wanted to achieve." That he was ultimately confessed, the court assessed mitigating the penalty.
With his verdict of 180 daily rates, Judge Berger remained under the application of the public prosecutor, who had demanded 210 daily rates of 150 euros, totaling 31,500 euros.
Police investigations had also revealed that the man killed had only been released from a psychiatric clinic two weeks before the fatal accident.
There he had been treated for suicidal intent.
A doctor at the "Forensic Toxicological Center" in Munich did not want to rule out "that he deliberately put himself on the market".
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