As of: February 22, 2024, 8:48 a.m
By: Josef Ametsbichler
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A mother of four (55) dies in a serious accident near Anzing.
A Porsche driver (52) has to go to prison for negligent homicide.
The family's suffering remains.
Anzing/Ebersberg
– The woman in the Smart had no chance.
She was 300 meters from home when she wanted to turn left on the road from Anzing to Markt Schwaben to the family farm.
There, a Porsche plowed into her rear, almost without braking, and pushed her into the opposite lane.
An oncoming car rammed the small car again.
The forensic doctor vividly described the injuries to the neck and chest caused by the force of the collisions, each of which was “unsurvivable”.
The destroyed Smart of the woman who lost her life in the wreck less than 300 meters from her home in November 2022.
The force of the impact killed her instantly.
She leaves behind her husband and four children.
© Thomas Gaulke
Negligent homicide near Anzing: Driver from Oberhaching remorseful and confessed
The fatal accident in November 2022, in which the mother of four and expectant grandmother died at the age of 55, was legally dealt with at the Ebersberg district court.
The driver of the Porsche Panamera was in the dock there on Tuesday, charged with negligent homicide.
As he spoke to the four children and the widower of the killed farmer's wife, the 52-year-old, an entrepreneur from Oberhaching (Munich district), began to sob.
"I can't take it back, but I'm really sorry," he managed.
"I am guilty!"
As an accident expert reconstructed, only he could have prevented the accident.
The Smart driver braked properly, with the lights working.
The driver of the oncoming car said she also blinked.
“That was an everyday traffic situation for me.” Until the Porsche pushed the small car into the road directly in front of his VW Golf.
According to the 33-year-old from Markt Schwaben, he didn't even consciously notice it.
“There was a crash and then I was in the ditch.” The two drivers were able to get out of their vehicles themselves.
The woman died instantly.
Only the defendant had a chance of preventing the fatal accident
The accident expert stated that the VW driver had no time to react.
The Porsche driver, on the other hand, has at least five seconds to prepare for the braking and turning maneuvers of the Smart car in front of him.
2.5 seconds would have been enough for an emergency stop.
The Porsche, which wasn't even going too fast, only braked right before the impact.
The medical examiner provided the explanation for this.
According to blood work, the man had consumed cocaine, probably on the evening before the accident.
The subsiding intoxication results in tiredness and exhaustion, "so that for me there is absolutely a prerequisite for being unable to drive." The public prosecutor's office almost prevented this assessment due to its unwillingness to take a blood sample, it emerged from the statements.
On the afternoon of the day of the accident, a police officer carried out the test, which actually takes place routinely.
(By the way: Everything from the region is now also available in our regular Ebersberg newsletter.)
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The widower reported emotionally about having to drive past the accident site near his home farm every day.
About his wife's recent recovery from cancer and how she was looking forward to her grandchild.
"It's just unforgivable," he said of the driver's drug use as he collapsed sobbing in the dock.
Real remorse - but several previous convictions: Judge sends accident driver to prison
The driver's remorse was genuine - judge Benjamin Lenhart and the prosecutor also came to this conclusion.
From this and the fact that his client had sought financial compensation without any corresponding obligation, the defense attorney concluded that a suspended sentence could be left.
The public prosecutor pleaded: “That would be absolutely incomprehensible for the general sense of justice.”
The judge also followed this assessment.
Because: The man has seven previous convictions, including once for driving despite a ban and once for negligent drunkenness.
He had gotten his driver's license back less than a year before the fatal accident.
The “confession without a back door” had a mitigating effect, according to the judge, who decided on one year and three months in prison without parole and a further two years of driving license revocation.
The Oberhachinger can still appeal against the verdict within a week.
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