A sentence of six years “imprisonment” was confirmed by the Court of Appeal – Burgas for a driver who caused an accident with the death of a father and two minor children, and another seriously injured person.
The serious road accident took place on September 13, 2021 in the town of Aytos.
Around 9.20 p.m., on Hadji Dimitar Street opposite DSG – Aytos, driving a truck brand “Volvo FH 400 4 X 2 T”, with a semi-trailer attached to it, at a right turn with a downward slope, in the direction of the truck’s movement, Valentin Valchanov violated the traffic rules, caused a traffic accident and caused the death of three persons, Nuri Husein, Jelil D. and Aifer D., as well as serious bodily injury to Oktai Yumer.
The truck carried 39,734.15 kg. wheat. Entering the right turn, his speed increased and he began to drift.
The car of the injured Nuri Husein – “Volvo HC 60” – was moving towards him, and the driver’s wife and two children were traveling in the car.
Due to the high speed of movement of the truck after the right turn taken by the driver, it started to overturn.
Entering the lane of oncoming traffic, with the front left edge of the semi-trailer, it hit the passenger car driven by the victim, cutting its rear half diagonally.
The injured Oktay Yumer was caught by the debris from the heavy vehicle, torn off as a result of the collision with the car, the subsequent impact on the guardrail and the overturning of the asphalt.
According to the conclusions of the experts who prepared the auto technical examination, the cause of the road accident was the circumstances that the defendant did not take into account the faulty condition of the semi-trailer’s braking system, its overload with 10,834.15 kg, the topography of the area – the road is with a downhill slope in the direction of an intersection and with the upcoming right turn.
The case before the first-instance court was considered according to the order of summary trial, and the court reduced the imposed penalty by 1/3.
With its decision, the Court of Appeal – Burgas amends the first-instance verdict by reclassifying the crime under Art. 343, para. 3, letter “b”, para. 1, para. Art. 342, paragraph 1 of the Criminal Code in such a case under Art. 343, para. 4, in conjunction with para. 3, b. “b”, item 1, in conjunction with para. 1, in conjunction with Art. 342, para. 1 of the Criminal Code and acquits him of a violation of the road traffic rule under Art. 116 of the ZDvP.
The appellate judges accept that the act was committed by the defendant culpably, in the form of negligence, as he did not foresee the occurrence of the socially dangerous consequences, but was obliged and could have foreseen them, and not as the district court adopted the more serious form of careless guilt – conceit.
The appellate court did not adjust the punishment, considering that it was lawful and fairly measured with a balance of mitigating and aggravating circumstances.
The defendant is disqualified from driving a motor vehicle for a period of nine years.
The decision is subject to appeal and protest before the Supreme Court.
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