Road drama in Dietikon –
A young Kosovar with dangerous driving is expelled for 7 years
The Federal Court confirms the sanction against twenty -year -old who caused a serious accident. Born in Switzerland, he will however have to leave the country.
The Kosovar, a mechanic by profession, had lost control of his 600 horsepower BMW M5 during a test in Dietikon. He had seriously injured a 4 -year -old woman and child.
Cantonal police Zurich
Son expulsion of Swiss territory is a matter of public interest: thus decided The Federal Court. He judges a national Kosovar, 25 years old today, guilty of intentional serious bodily lesions, confirming the judgment of the Cantonal Court of Zurich sentenced him to a private 46 -month -old sentence, to compensation for moral wrong and expelled from Swiss territory for a period of 7 years.
The facts date back to October 5, 2019. The young man, a car mechanic by training, had borrowed a 600 horsepower BMW M5 for a road test. Despite the owner’s explicit warnings concerning the dangers of sports settings, he had deliberately changed the vehicle parameters, notably deactivating stability control and going into rear propulsion mode.
Dangerous driving in town of Dietikon
The man then adopted a particularly dangerous conduct in the city of Dietikon: brutal accelerations, sudden braking. The vehicle, driving at 74 km/h on a section limited to 60 km/h, slipped before violently hitting a car coming in the opposite direction. The driver and her 4 -year -old daughter underwent multiple trauma putting their lives in danger. The defendant is released unscathed from the accident.
The main legal question submitted to the Federal Court concerned the qualification of the act: was they intentional serious bodily lesions (by possible dol) or simply serious bodily lesions by negligence?
The High Court confirmed the analysis of the previous instances. She considers that the accused, because of his professional training, perfectly knew the risks linked to his conduct, especially on wet roads. Despite the warnings of the vehicle owner and the fears expressed by his passenger, he persisted in his dangerous driving, smiling even in the face of the concerns expressed to him.
Expulsion of Swiss territory for 7 years
For federal judges, “the conclusion of the previous body on acceptance of the criminal results is convincing”. Man could not seriously believe that he would avoid an accident under these conditions, and therefore accepted this risk.
The Federal Court has also confirmed the expulsion of the territory for 7 years, rejecting the argument of a case of rigor. Although born in Switzerland and having spent his whole life there, the young man could not demonstrate that his private interest in staying in the country prevailed over the public interest in his expulsion.
The Court underlined the severity of the facts, described as “irresponsibility and crude carefreeness”, as well as the lack of sincere remorse of the condemned. She considered that, although expulsion is a hard measure, it is not disproportionate given the young man’s financial independence, his knowledge of the Albanian language, and his cultural ties with Kosovo which he visits regularly.
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