5 years of imprisonment for causing death due to negligence in a road accident

Penalty “imprisonment” for a period of 5 years, with an initial regime of serving “general” and “deprivation of the right to drive a motor vehicle for a period of 5 years, for the defendant R.I. / aged 62 /, determined by a three-member panel of the District Court – Kyustendil. The court found the accused guilty, in that on 02.10.2022 in the land of the village of Novi chiflik, Kyustendil district on the second-class road II-62, between the villages of Novi chiflik and Bagrentsi, while driving a motor vehicle – passenger car brand “M…”, violated the traffic rules, namely the rules established by the provisions of: art. 42, para. 1, item 2, pr. 1 and pr. 2 ZdvP – “A driver who is going to overtake is obliged, after giving a signal, to make sure that there is visibility and a clear path at a distance sufficient to overtake’; Art. 42, para. 2, item 2 ZDvP – “A driver who overtakes is obliged, when overtaking, to enter a road lane intended for oncoming traffic, not to create danger or obstacles for the vehicles moving along it”, as a result of which carelessness caused the death of more than one person – 3 persons and bodily injury to more than one person – 2 persons.

The court acquitted him on the charge that he committed a violation of the traffic rules under Art. 42, paragraph 1, item 2, item 3 of the ZDvP; Art. 42, para. 2, item 3 ZDvP and art. 43, item 4 ZDvP.

District Court – Kyustendil deducts, in the execution of the “imprisonment” penalty, the time during which a remand measure “house arrest” was taken in relation to R.I., starting from 02.02.2023. until the execution of the sentence, with two days of house arrest being counted as one day of imprisonment. When executing the penalty of “deprivation of the right to drive a motor vehicle”, the court deducts the time during which the defendant was deprived of the opportunity to exercise this right by administrative order or by the order of Article 69a of the Civil Code for the same act.

The court condemns the defendant R.I. to pay the costs incurred in the case, as follows: – on the account of the OD of the Ministry of the Interior-Kyustendil in favor of the State Budget, the amount of BGN 6,889.14, incurred during the pre-trial proceedings; – at the expense of the District Court-Kyustendil in favor of the budget of the Judiciary, the sum of BGN 878.27, expenses for remuneration of experts.

The verdict can be protested or appealed before the Sofia Court of Appeal within 15 days.