Court: The guy who caused an accident in Kaunas and killed his girlfriend remains sentenced to a suspended prison sentence – Respublika.lt

Kaunas District Court on December 12 last year. decided to find L. Kinduris, who caused a fatal traffic accident in the temporary capital, guilty of violating road traffic safety or vehicle operation rules, which resulted in the death of a girl who was traveling with him.

The court sentenced L. Kinduri to 2 years and 6 months of imprisonment, which was suspended for a period of 2 years: he was obliged to continue working and not to go outside the city (district) of his place of residence without the permission of the institution supervising the convict, and he was prohibited from driving vehicles for 3 years.

The Kaunas District Court, which examined the case on appeal, upheld the above-mentioned decision of the first instance court, by which L. Kindurys was found guilty of causing the fatal accident. The convict asked to be released from criminal liability on bail, but the court did not agree to this request.

“The panel of judges stated that the court of first instance did not reasonably release L. Kinduris from criminal liability on bail, because he committed an extremely serious violation of the Road Traffic Rules (KET – ELTA) – the release from liability in this situation would be contrary to the principle of justice. It should be noted that the court has the right, but not the obligation, to apply the surety institute”, states the press release of the Kaunas District Court.

This ruling of the Kaunas District Court enters into force from the date of its adoption.

The court of first instance, having found L. Kinduris guilty of causing the fatal accident, partially satisfied the claims of the victims and the civil plaintiffs and ordered the civil defendant company “Lietuvos draudimas” AB – 7,000 euros, and DP – 8,100 euros in compensation for non-pecuniary damage.

The Kaunas District Court took into account the request of the mother of the dead girl and decided to increase the amount of non-pecuniary damage awarded to the victim from Lietuvos draudimas company to 57,000 euros, and also awarded her 3,000 euros from the convicted person for the legal assistance of a lawyer.

The boy’s actions were asked to be assessed as murder

The mother of the dead girl, who appealed the decision of the court of first instance in the case, also asked the court to resume the investigation of the evidence and to reclassify the criminal offense against L. Kinduri to murder, but the Kaunas District Court rejected this request. The panel of judges found that there is no reason to reclassify the criminal act committed by the boy as murder.

“The totality of the factual circumstances established in the case allows us to conclude that L. Kindurys committed the crime due to negligence, that is, criminal trust, and not acting with indirect intent.” It was not established in the case that L. Kindurys sought to take EP’s life.

There is no data in the case that L. Kindurys realized the very likely or even inevitable consequences – the death of a person and did not give up his dangerous behavior: the convict tried to avoid a traffic accident by stopping the car, at that time his life was also in danger. The convict relied on his driving experience and skills, thinking that even if he was driving at high speed, he would be able to control the car and stop it if there was an obstacle on the road,” said the Kaunas District Court.

In the assessment of the panel of judges, the convict, being young and not socially mature enough, overestimated his abilities and did not expect his act to cause such painful consequences.

According to the case data, L. Kindurys in 2022 December 30 In Kaunas, on Tunelis Street, while driving a BMW car, he grossly violated the KET, drove at a speed of at least 176 km/h, did not take into account the driving conditions, did not control the vehicle he was driving, drove off the road and hit a street light pole.

As a result of these circumstances, a traffic accident was caused, during which the victim, sitting in the passenger seat, was thrown from the car and died as a result of the injuries she sustained during the traffic accident.