Court sentences woman to suspended sentence for negligence in fatal traffic accident | News

The Tartu District Court of First Instance decided not to enforce the prison sentence of the defendant Gerda Jušin unless she re-offends during a three-year and six-month probationary period.

As an additional punishment, the court imposed a one-year driving ban on Jušin.

In accordance with the Code of Obligations, the court awarded a total of 88,000 euros in non-pecuniary damages to the victims of the accident caused by Jušin.

She must also pay half of the victims’ court fees associated with the proceedings and is obliged to bear further legal costs totaling 3,305.50 euros.

According to the indictment, on August 30, 2021, through her negligence, Jušin caused a traffic accident in Soinaste village, Kambja Rural Municipality, Tartu County.

The accident directly resulted in the death of a 17-year-old motorcyclist and his 15-year-old pillion passenger.

Jušin was driving a car at the time and tried to overtake a vehicle in front of her that was traveling below the speed limit.

The indictment states that she did not exercise the necessary caution and attention and did not ensure the safety of her overtaking maneuver, so that she did not notice an oncoming motorcycle.

The car collided head-on with the motorcycle on the opposite lane.

The decision has not yet come into force.

Lawyer Indrek Sirk, who represented Jušin, said the accident was an unfortunate tragedy and a coincidence. “It was caused by negligence. In such cases, our legal practice is to convict the person and sentence them to a prison sentence, but it is very rare that this sentence is actually carried out. This time too there was no need to do this.” “he told the ETV news program “Aktuaalne kaamera” (AK).

The victim’s relatives, however, don’t think the decision is fair. “This is not a fair decision, not fair to anyone at all. I think society understands this,” Anne Piir, the grandmother of one of the deceased, told AK.

Piir expressed her intention to appeal the district court’s decision. “Naturally. It can’t be like that, not in the light of our children’s memories,” she added.

Southern District Prosecutor Silva Rood, who led the trial, explained that the prosecution had requested a prison sentence of three years and six months for Jušin, with the actual prison sentence of three months to be carried out.

As an additional punishment, the public prosecutor requested that her driving license be revoked for one year and six months.

Therefore, it is possible that the prosecution will appeal the verdict in any case, she said.

Rood told AK: “With today’s decision, the court sentenced the defendant to a three-year prison sentence, which it did not execute, and decided to revoke his driving license for one year.”

“The prosecution will review the court’s decision and then decide whether and to what extent to appeal it,” Rood added.

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