The first-tier Tartu County Court opted not to enforce the defendant, Gerda Jušin's, prison sentence, provided she does not re-offend over a three-year and six-month probationary period.

The court barred Jušin from driving for one year as an additional penalty.

In line with the Law of Obligations, the court awarded a total of €88,000 in non-pecuniary damages to the victims of the accident Jušin caused.

She must also pay half of the victims' court fees relating, to the proceedings, and is required to cover further legal costs to a total of €3,305.50.

According to the charge sheet, on August 30, 2021, Jušin caused a traffic accident in Soinaste village, Kambja Rural Municipality, Tartu County, due to her negligence.

The accident directly led to the deaths of a 17-year-old male driving a motorcycle and his 15-year-old female passenger, riding pillion.

Jušin was driving a passenger vehicle at the time and attempted to overtake a vehicle ahead of her which was traveling below the speed limit.

The charge sheet states that she did not pay sufficient caution or attention in doing this, and had not guaranteed the safety of her overtaking maneuver, as a result failing to notice an oncoming motorcycle.

The car collided head-on with the motorcycle, in the opposite lane.

The decision has not yet entered into force.

Lawyer Indrek Sirk, acting for Jušin, commented that the accident was an unfortunate tragedy, and was accidental. "It was caused by negligence. In such cases, our legal practice is to convict the individual and sentence them to imprisonment, but it is very rare that that sentence is actually enforced. This time, too, there was no need to do so," he told ETV news show "Aktuaalne kaamera" (AK).

The victim's relatives on the other hand do not find the decision to be just. "This is not a fair decision, not fair to anyone at all. I believe society grasps this," Anne Piir, the grandmother of one of the deceased, told AK.

Piir expressed her intention to challenge the county court decision. "Of course. It cannot be like this, not in light of our children's memory," she added.

South District Prosecutor Silva Rood, who led the proceedings, explained that the prosecution had sought a three-year and six-month prison sentence for Jušin, with three months' actual jail time to be enforced.

As an additional penalty, the prosecution sought the revocation of her driving privileges for one year and six months.

As a result, it is possible that the prosecution will be appealing the ruling in any case, she said.

Rood told AK: "With today's decision, the court sentenced the accused to a three-year prison term, which it chose not to enforce, and opted to revoke the driving license for one year."

"The prosecution will review the court's decision and then decide whether, and to what extent, to appeal it," Rood added.

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