Truck driver sentenced
A fatal accident and two criminal trials
A 36-year-old truck driver initially got off with a diversion. The public prosecutor's office complained. The court has now sentenced him for involuntary manslaughter.
It was December 6, 2022 in Elsbethen: a truck driver (36) overlooked a car when turning, resulting in a serious collision. The driver (66) and his passenger (41) were seriously injured.
The 66-year-old died 24 days later in hospital. He had a number of pre-existing conditions. These were also the reason why the district court only found negligent bodily harm in the summer.
Retrial for involuntary manslaughter
The truck driver was offered a diversion: if he had paid a fine of 670 euros, the criminal proceedings would have been dropped. The public prosecutor lodged an appeal against this and argued in the direction of involuntary manslaughter.
The Salzburg Regional Court also followed this legal opinion and upheld the appeal: "Whether the injuries sustained in the traffic accident would not have been life-threatening for a patient of the same age without serious pre-existing conditions is not decisive," according to the text of the decision.
As involuntary manslaughter precludes diversion, the case had to be retried. This was the case on Thursday. The district court sentenced the truck driver - defended by lawyer Kurt Jelinek - to a fine of 540 euros for involuntary manslaughter, which was not legally binding.
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