As of: April 8, 2024, 6:30 a.m
By: Rudi Stallein
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After the accident on the B472, the car was thrown into a ditch. © FW Reichesbeuern/Archive
A young man almost lost his life in a car accident. He has now been sentenced to six months in prison - without parole.
Bad Tölz/Wolfratshausen - The now 27-year-old from Bad Tölz was driving the Skoda without a valid driver's license, which he drove off the road to the left on Greilinger Berg at around 11 p.m. on July 3 last year and crashed into a tree. That's why he recently had to answer before the Wolfratshausen district court for intentionally driving without a license.
The fact that the Tölzer survived the accident is nothing short of a miracle
The fact that he got this opportunity was almost a miracle, given the serious injuries he sustained in the crash. “He was saved in Murnau,” explained defense attorney Donatella Angino. One knee is still unstable today and her client suffers from nerve damage in his right leg. In addition, there would be “serious damage, including psychological damage”.
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How the accident occurred could not be clarified. There were no witnesses, the defendant had “no memory of driving,” said the defense attorney, but he himself spoke of attempting suicide shortly after the accident. During the crash, the vehicle was thrown across the road to the right into the ditch and the engine block remained on the road. “I don’t know how an accident like that can happen,” said a police officer as a witness in court. "There were no skid marks, nothing, the driver may have fallen asleep, but that's speculation."
Tölzer has several previous convictions
However, the officer immediately knew who caused the accident. Tölzer, who has several previous convictions, had to give up his driver's license in 2017, when he was 21 years old and sentenced to a two-year suspended sentence for drug trafficking. Three years later he was back in the dock: He was sentenced to three years in prison for continued trafficking in narcotics, intentionally driving without a license and forging documents. The judges at the regional court converted this verdict into a two-year suspended sentence during the appeal hearing in May 2023.
Judge has no sympathy for the defendant
“He gets probation in May, which cannot be justified – and two months later he gets back in the car,” said Judge Helmut Berger excitedly. “What effect does the verdict have on you?” he asked the defendant. He gave the answer himself: “None! He trampled on the appeal ruling.” That’s why the judge showed no understanding for the defense attorney’s request. In her plea, she requested that her client not be convicted, citing Section 60 of the Criminal Code. In it, the legislature grants the possibility of “waiting a punishment if the consequences of the crime for the perpetrator are so severe that the punishment serves no other purpose.” This case is given here. “My client has been punished enough. His health will be impaired for the rest of his life.”
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The verdict is not yet legally binding
This paragraph was created for cases “where a father accidentally runs over his child while reversing, but not for someone who drives wildly through the road and just barely misses the tree,” explained Berger, who only reduced the punishment for the very serious injuries rated. “Otherwise the punishment would have been higher.”
With the sentence of six months without probation, the court was significantly higher than the prosecutor's request, which had demanded eight months with probation and a fine of 1,000 euros. “You can't overextend the arc so much and he's still trying,” Berger openly expressed in his verdict what he thought about the defendant: “I'm convinced he's playing with us.” The verdict is not yet final.