“The judicial board decided: the judgment of the district court of Esil district of Astana city dated November 13, 2018 in respect of Malika Mukhitova was left unchanged, her appeal has been dismissed. The resolution entered into force on January 14, 2019, ” said Asem Ramazanova, judge, reading the verdict on Monday.
She added that in the deliberation room the judicial board came to the conclusion that the court’s verdict was lawful and grounded, all the evidences provided the correct legal assessment.
“The punishment is imposed within the limits of the sanction and is close to the minimum. Therefore, mitigating circumstances were taken into account, just in determining the size of the punishment. The judicial board found no other grounds for mitigation," added the judge.
In turn, lawyer of M. Mukhitova, Dmitry Kuryachenko, said that he believed that the court would mitigate the sentence.
“I believed that the judge at least would take into account the violations indicated in the appeal complaint by other party, and this fact is present in the case. I am convinced that if he had not been riding 116 kilometers per hour, they would not have met. I believe that at this speed he rode onto her path, because she was driving with the permitted speed. This is my opinion," said the lawyer.
The court of first instance had found M. Mukhitova guilty under part 3 of article 345 and sentenced her to two years imprisonment in a penal colony and deprived of the driving license for five years term.
Photo source: picture from an open source