Furthermore, it revoked the defendants' driving licenses and set a ban period of five years for their reissue.
According to the new findings of the district court, the two defendants carried out a spontaneous car race along Kurfürstendamm and Tauentzienstraße in Berlin at around midnight on February 1, 2016. After driving a distance of over one and a half kilometers, they entered the area of the Tauentzienstraße/Nürnberger Straße intersection almost simultaneously at a red light. In the intersection area, the defendant, who was driving in the right-hand lane at a speed of 160 to 170 km/h, collided with a driver who had entered the intersection from the right coming from Nürnberger Straße when the light was green; the latter died of his serious injuries at the scene of the accident. Due to the force of the collision, the vehicle of this defendant was also deflected to the left and collided with the vehicle of the co-defendant driving next to it, whereupon the vehicle of the co-defendant hit a raised bed and was subsequently catapulted through the air. As a result, the female passenger in the co-defendant's vehicle was injured.
The district court assumed that the defendant, who directly caused the accident, committed an intentional homicide and affirmed the existence of three elements of murder (malice, base motives and a homicidal means). It convicted the co-defendant of murder committed as an accomplice, whereby it also assumed a conditional intent to kill and the existence of three murder characteristics for him.
Source: Press release BGH, Url. from 11.11.2020: https://www.bundesgerichtshof.de/SharedDocs/Termine/DE/Termine/4StR482-19.html