The Brovary City District Court sentenced the former head of the Brovary District State Administration, Volodymyr Maibozhenko, to a UAH 34,000 fine with a 3-year driving ban for driving while intoxicated and hitting four people, including a young child. The prosecutor's office will appeal the verdict. UNN reports this with reference to the Kyiv Regional Prosecutor's Office.
During the trial, the defendant's defense counsel filed a reconciliation agreement between the defendant and the victims, according to which the parties stipulated the punishment, applying Part 1 of Art. 69 of the Criminal Code of Ukraine (imposition of a lesser punishment than provided by law), in the form of a fine in the amount of two thousand tax-free minimum incomes, which is UAH 34,000, with deprivation of the right to drive vehicles for a period of 3 years
The Kyiv Regional Prosecutor's Office does not agree with the decision of the Brovary City District Court and will insist on canceling the verdict in the case of the former head of the Brovary District State Administration.
The prosecutor filed a written objection regarding the impossibility of concluding a conciliation agreement in proceedings of this category, the inconsistency of the provisions of the agreement with the interests of society and the requirements of the Criminal Code of Ukraine (stipulation of a punishment not provided for by the sanction of an article of the Criminal Code of Ukraine and the lack of grounds for imposing a lighter punishment in accordance with the requirements of Part 1 of Article 69 of the Criminal Code of Ukraine),
In addition, the court refused to allow the prosecutor to examine during the trial the materials of the proceedings, which indicate the absence of a mitigating circumstance in the form of active assistance in solving the criminal offense by the accused.
The procedural supervisor, due to the existence of circumstances that cast doubt on the impartiality of the court, filed a motion to recuse the presiding officer, which was denied. The said verdict will be appealed in accordance with the procedure established by law to the court of appeal
Addendum
In April 2024, near Kyiv, Volodymyr Maibozhenko, then the head of the Brovary District State Administration, caused an accident on a pedestrian crossing. He failed to stop at a prohibiting traffic signal and hit pedestrians. As a result, four people sustained injuries of varying severity, including a child.
President of Ukraine Volodymyr Zelenskyy dismissed Volodymyr Maibozhenko from the post of head of Brovary District State Administration.
Maybozhenko was notified of suspicion of committing an accident with four victims while intoxicated.