Friday, 13, December, 2024

On October 25, the Yakkasaray district criminal court sentenced the driver of a GM Spark who hit a woman at an unregulated crosswalk in May.

According to the case, on May 22 at 15:40, the driver S. N. was driving along Yusuf Khos Khodjib street. When approaching a crosswalk next to a building under construction (opposite the Korzinka supermarket), the driver, despite the car stopped in the adjacent lane, did not slow down and hit a woman who was crossing the street. She died from her injuries in hospital on May 29.

A forensic medical examination on May 28 found serious bodily injuries to the deceased, including traumatic brain injury, cerebral hemorrhages and fractures.

The defendant, who had been in custody since June 27, partially pleaded guilty, stating that the pedestrian "appeared suddenly," which is why he did not have time to brake and hit her. He said that he was driving at a speed of 40-50 km/h, noticed the Lacetti slowing down on the left and, while pressing the brake, managed to see the pedestrian getting out at a distance of 3-4 meters. According to him, he braked sharply and stopped 0.5-2 meters after the collision.

However, a forensic autotechnical examination showed that this is not the case. The distance from the crossing to the place where the pedestrian was found was 7.8 meters. This suggests that the driver did not brake before the crossing or at the crossing.

Witness Z. R., who was driving the Lacetti, was driving at a speed of 20 km/h in the far left lane before the accident. As she approached the crossing, she heard a horn from behind, but did not pay attention to it. Seeing a pedestrian standing on the line dividing the oncoming lanes, she slowed down, stopped 2 meters before the crossing and gestured for the pedestrian to cross the street.

“The pedestrian smiled, slightly bowed her head in gratitude and began to cross the street… At that time, the driver of the Spark changed direction, first to the right, then to the left, drove around R.’s car and hit the pedestrian. The impact caused the pedestrian to end up on the hood of the car, and then, when the car stopped, she fell onto the roadway,” the witness said.

The victim ended up in the oncoming lane. The cars stopped. Z. R. called 103. When the pedestrian stood up, the pedestrians and drivers nearby helped her into the GM Matiz to take her to the hospital. The driver called the ambulance again to report that the woman had been taken away. The driver of the Spark remained at the scene.

The court ruling said that the defendant's guilt was fully confirmed by the testimony of witnesses, a certificate of a traffic accident, and the conclusions of forensic medical, trace evidence, and automotive technical examinations.

The court did not identify any aggravating circumstances. The mitigating factors taken into account were the defendant's partial admission of guilt, his remorse, his family and financial situation (four children), as well as the fact that he is the only breadwinner in the family, and the absence of a criminal record.

The court found the defendant guilty under Violation of traffic safety rules or the operation of vehicles, resulting in the death of a person charge and is punishable by imprisonment for up to 7 (?!) years with deprivation of a certain right). He was handed 5-year imprisonment in a penal colony and deprivation of the right to drive vehicles for 2 years.

The deceased's husband and his lawyer stated that the financial damage as a result of the accident amounted to 26 million soums, and moral damages amounted to 500 million soums. They also presented a receipt for payment of 1 million soums for the lawyer's services. The court partially granted the motion and ordered the defendant to pay 1 million soums in total.

The judge explained to the plaintiff the right to apply to a civil court to recover financial and moral damages from the accused.

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