Ali Ušaku (30) from Ulcinj was sentenced to one year in prison for the criminal offense of serious offense against the safety of public traffic from Article 348 paragraph 4 in connection with Article 339 paragraph 3 in connection with paragraph 2 of the Criminal Code of Montenegro, the statement of the Service for public relations of the Basic Court in Ulcinj. The verdict was delivered by the judge of that court, Artan Kroma.
In July 2023, the Basic State Prosecutor's Office in Ulcinj filed an indictment against Ušaku on the suspicion that he was driving a speedboat of the brand "Safter 500 Sport", not complying with traffic regulations, on May 10 of the same year, around 9,30:28 a.m., near Cape Đerana. with the propeller and hull of the vessel, inflicted serious injuries on diver Andrej Samardžić (XNUMX) from Sutomor, as a result of which the XNUMX-year-old died.
As "Vijesti" announced at the time, the Ulcinj prosecutor's office suspected that Ušaku was driving the speedboat at a higher speed than allowed and at a distance of about 50 meters from the shore, although it is stipulated that a motorboat may not approach the shore less than 150 meters. According to the same regulations, speedboating is prohibited at a distance of less than 200 meters from the coast.
The twenty-eight-year-old diver was reported missing on the day of the accident, around 13.40:1 p.m., and his body with visible injuries in the head area was pulled out three hours later on the "SAR-XNUMX" rescue boat.
The Directorate of Maritime Safety and Port Management (UPSUL) was previously reported missing near Port Milena, at the beginning of Velika plaža in Ulcinj.
In the judgment of Judge Kroma, as written in the press release, it is stated that the defendant was charged with endangering ship traffic and endangering the life and body of the injured SA from Sutomore by steering a vessel in the immediate vicinity of Cape Đerana in Ulcinj, not complying with traffic regulations
"Although he was aware that he was acting contrary to traffic regulations and that he could thus endanger the traffic and endanger the life and body of the injured party, but he lightly believed that the consequences would not occur, or that he would prevent them, he made contact with the injured party's body, on which occasion the injured party suffered injuries, as a result of which he died," the announcement reads.
It is added that "when deciding on the sentence for the accused, the court valued all the circumstances from Article 42 of the Criminal Code of Montenegro (mitigating and aggravating circumstances), so on the side of the accused, it valued his previous lack of conviction, as well as the contribution of the injured party, from the mitigating circumstances we see that the injured party did not have a balloon intended to mark his position while diving on the water surface, while there were no aggravating circumstances".
"The court, appreciating the stated circumstances, as well as the degree of guilt, sentenced the accused to a prison sentence of one year, considering that the sentence imposed in this way will be fully achieved, within the general purpose of criminal sanctions from Art. 4 of the Criminal Code of Montenegro, and the purpose of punishment, the purpose of which is to prevent the perpetrator from committing criminal acts and influencing him not to commit criminal acts in the future, influencing others not to commit criminal acts, expressing social condemnation for a criminal act and obligations to comply with the law, as and the strengthening of morale and the influence on the development of social responsibility from Article 32 of the Criminal Code of Montenegro", reads the announcement.
The parties have the right to appeal against the said verdict within 15 days from the day of receipt of the written copy of the verdict.
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