He did not take any measures to compensate for the moral and material damage caused to the victim, did not apologize to her and her loved ones.
Thus, by the verdict of the Ural City Court of the West Kazakhstan Region dated September 15, 2020, N. was sentenced under part 3 of Article 345-1 of the Criminal Code to 3 years in prison with the deprivation of the right to drive a vehicle for a period of 10 years, while serving his sentence in a medium-security penal institution. The prosecutor filed an appeal in the case to change the type of correctional facility from medium security to a minimum security prison, since the crime is reckless, not intentional, as indicated in the court verdict. However, the verdict was upheld, and the prosecutor's appeal was dismissed. By the verdict of the court No. 2 of the city of Kyzylorda, Kyzylorda region, dated January 14, 2020, T. was found guilty under part 3 of Article 345 of the Criminal Code and sentenced to 2 years in prison, with the application of Article 63 suspended, without mandatory additional punishment. In accordance with paragraph 4) of Article 433 of the CPC, a court verdict may be overturned or changed in case of improper application of the criminal law. By a decision dated February 18, 2020, the court of appeal, at the appeal request of the prosecutor, changed the sentence against T., assigning him an additional sentence of deprivation of the right to drive a vehicle for a period of 5 years. The prosecutor's appeal was granted. By a decision of the judicial board for criminal cases of the Nur-Sultan City Court dated September 24, 2020, the verdict of the district court No. 2 of the Saryarkinsky district dated August 11, 2020 against S., convicted under part 2 of Article 345 of the Criminal Code, was changed due to the excessive leniency of the sentence imposed. The court of first instance did not give a proper assessment to the testimony of the minor victim E. and the witnesses given during the pre-trial proceedings. The defendant was moving at high speed, in a hurry, constantly distracted by his cell phone, moving at a speed of 70-80 kilometers per hour, making overtaking maneuvers in adverse weather conditions (with ice).
He did not take any measures to compensate for the moral and material damage caused to the victim, did not apologize to her and her loved ones.
It has been reliably established that after the accident, despite the fact that four children were injured, and the minor E. screamed in pain, being trapped in the front seat, S. did not take any measures to help them, to call an ambulance. Instead, he took the phone from one of the children and started calling a friend. For 7 months, since the beginning of the pre-trial investigation, S. has not taken any measures to compensate for the moral and material damage caused to the victim, has not apologized to her and her family. As a result of his criminal actions, the minor E., who showed promise in professional sports and was a member of the Olympic reserve, suffered severe spinal injuries, as a result of which she could not move independently, was bedridden, needed constant care, and was experiencing physical and moral suffering. In this regard, taking into account the circumstances of the committed criminal offense, the grave consequences that have occurred, and the behavior of the perpetrator after the deed, the judicial board concluded that the punishment in the form of restriction of liberty does not achieve the goals of punishment, is unfair, disproportionate to the deed, and does not comply with the requirements of Article 52 of the Criminal Code of the Republic of Kazakhstan, and changed it to 1 year of imprisonment.
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