After chase through kronach: prison sentence remains for perpetrator

This was announced by the head of the press office of the coburg regional court.
The coburg regional court had ruled on 3. On february 2014, a defendant was sentenced to three years in prison for a number of offenses that occurred in traffic. The defendant had been in a drunken state of mind on the night of 27 june 2016. On the 28. On april 2012, the defendant engaged in a chase with the police in the city of kronach, injuring a female police officer and damaging several vehicles in the process. The defendant did not have a driver's license.

The chamber based its verdict on the fact that the man was guilty of several offenses: premeditated dangerous interference with traffic, dangerous bodily injury, resistance to law enforcement officers, drunk driving, leaving the scene of an accident without permission in two cases, premeditated driving without a license and damage to property.

Compensation for pain and suffering handed over
The defendants had appealed against the judgment of the coburg regional court on the grounds that it was a case of "offender-victim compensation because the defendant had handed over the previously acknowledged compensation to the injured police officer in the courtroom and apologized for his actions. The regional court had not taken this into account. The sentence had then had to be lowered.

Rightly no mitigation of punishment
In a now published decision from 4. December 2014 (NJW 2015, 500 ff.), the federal court of justice (bundesgerichtshof) has overturned the verdict of the 3. Gross criminal division of the coburg regional court of 3. February 2014 confirmed and the appeal against this rejected. The federal court of justice did not follow the legal opinion of the two defense lawyers from bamberg and munich. A lighter sentence because of a "victim-offender" settlement was rightly not carried out.

"Victimless" offense
Such a license is not considered in the case of the intentional dangerous interference with road traffic relevant here pursuant to § 315b of the german criminal code, because this criminal provision does not protect the individual road user, but rather the safety of public road traffic in general. It was therefore a so-called "victimless" case offense, so that also a "tater-victim-compensation" is possible the reasoning of the federal court of justice (file no. 4 str 213/14) is that this cannot be done effectively.

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