The Legnica District Prosecutor’s Office submitted a motion to the court for voluntary submission to punishment on July 31, 2015. On September 1 of that year, the local court issued a sentence agreed with the suspect. The perpetrator of the accident was a resident of Legnica, Radosław D.—previously unconvicted, with primary education and employed.

On June 6, 2015, Radosław D. drank alcohol with the injured party. In the afternoon, the men came up with the idea of going somewhere. Although he was intoxicated and did not have a driving licence, the defendant got behind the wheel of the injured party’s car, an Audi. His friend sat beside him.

In Motyczyn, Radosław D. lost control of the car he was driving, left the road and hit a tree. His passenger suffered bodily injuries including abdominal trauma with fragmentation of the right kidney, a cervical spine contusion and acute respiratory failure. These injuries constituted serious damage to health in the form of an illness that posed a real threat to life.

The tests showed that Radosław D. had an alcohol concentration of 0.76 mg/l (1.42‰) in his exhaled air. The aforementioned man, questioned as a suspect, confessed to committing the alleged offence and gave explanations showing that the circumstances of the offence and his guilt were beyond doubt. He also requested that a conviction be issued without a trial.

Taking into account the new procedural options in force since July 1, 2015, and considering that the purposes of the punishment would be achieved without a trial, the prosecutor agreed and submitted a motion to the court for a conviction agreed with the suspect to be issued at a hearing.

The court upheld the prosecutor’s position and, on September 1, 2015, sentenced Radosław D. to the previously agreed punishment of two years’ imprisonment, conditionally suspended for the maximum five-year probation period applicable to a juvenile offender, during which he was placed under the supervision of a court-appointed probation officer.

The 19-year-old was also given a criminal measure in the form of a lifelong ban on driving all motor vehicles and, in accordance with the rules currently in force, ordered to pay PLN 10,000 in compensation to the injured party.

The aforementioned man will also have to pay PLN 600 to the attorney for the auxiliary prosecutor, a fee of PLN 300, and reimburse procedural costs amounting to nearly PLN 430.

Legnica District Prosecutor’s Office/ii