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Tomasz Konkel jailed for drink driving after A228 crash

A driver who had been drinking heavily when causing a crash that left two other motorists seriously injured has been jailed for less than two years.

Tomasz Konkel had downed half a bottle of vodka, four shots of the spirit and two pints of beer before climbing behind the wheel of his car.

Both victims suffered extensive injuries and one is having to learn to walk again.

Konkel's Audi struck the Peugeot 107, causing it to leave the road and land on its roof. Picture: Kent Police
Konkel's Audi struck the Peugeot 107, causing it to leave the road and land on its roof. Picture: Kent Police

But while a judge said the harm they suffered was "very serious", he added it "fell short" of being life changing.

The pile-up happened on the A228 North Pembury bypass in the early hours of October 7 last year.

Konkel, of Blatchford Close, East Malling, admitted two offences of causing serious injury by dangerous driving and one of being over the prescribed alcohol limit.

Maidstone Crown Court heard the 22-year-old warehouse worker was about 75 per cent over the limit.

The Audi A3 was being driven by Konkel. Picture: Kent Police
The Audi A3 was being driven by Konkel. Picture: Kent Police

Prosecutor Anthony Bartholomeusz said Konkel lost control of his Audi A3 while attempting to overtake shortly before 1am.

He was driving behind Robert Rowe’s Ford Mondeo towards Maidstone when he started the manoeuvre.

The front nearside of his car struck the rear offside of Mr Rowe’s vehicle.

The Mondeo veered across the single carriageway and struck the front of Andrew Green’s Peugeot 107.

His car dug into the adjacent verge, overturned and landed on its roof.

Konkel’s Audi, meanwhile, rotated off the carriageway and came to rest among trees and bushes.

"Three people were hurt and two were caused serious injury" - prosecutor Anthony Bartholomeusz

Mr Bartholomeusz said both Mr Rowe and Mr Green had been driving in a careful and competent manner.

When police arrived Konkel accepted responsibility and admitted how much he alcohol he had drunk.

He was found to have 138 milligrammes of alcohol in 100 milliletres of blood. The legal limit is 80.

Mr Bartholomeusz said Mr Green had four broken ribs and fractures to his pelvis, forearm, kneecap and right ankle.

His forearm needed a skin graft from his left thigh.

He was “on the road to recovery”, but it was a slow process and he was still learning to walk again.

Maidstone Crown Court
Maidstone Crown Court

It was uncertain whether he would be able to return to his warehouse job.

Mr Rowe suffered three broken ribs and fractures to his pelvis and a bone in his foot.

He also had severe bruising to his heart and lungs and a wound above his right eye.

His wife Veronica was less seriously injured. She suffered a bruised lung and bruising to the back of her head.

“There is serious aggravation in this case,” said Mr Bartholomeusz.

“Three people were hurt and two were caused serious injury. The defendant was driving with excess alcohol.”

Konkel was jailed for 22 months and will be banned from driving for three years on his release at the halfway stage of the sentence.

The maximum sentence for causing serious injury by dangerous driving is five years.

"Very serious injuries were suffered by the drivers" - Judge Charles Macdonald

Alexander Stein, defending, said the alcohol consumption made the driving dangerous.

He said of Konkel, who has no previous convictions: “He is extremely remorseful. He has written a letter to the Rowes and the Greens.

"He is very sorry for what he has done.

“At the time he had only been driving for about a year. If he hadn’t consumed alcohol his case may well have been dealt with by careless driving or dangerous driving.”

Mr Stein said Konkel went to a Catholic school in Tunbridge Wells. He then worked in a warehouse and had never claimed benefit.

“It may be in a case like this with a young man the court can show some leniency and suspend the sentence and impose strict conditions in relation to unpaid work,” he added.

Passing sentence, Judge Charles Macdonald QC said: “This is a very sad and serious case. Very serious injuries were suffered by two other drivers.

Judge Charles Macdonald QC
Judge Charles Macdonald QC

"Both families were heavily affected, and still are affected.

“The defendant will never forget this incident. It is my duty to punish him and deter others.

"There is absolutely no doubt the appropriate punishment can only be achieved by immediate custody.”

The judge said Konkel was “significantly intoxicated” and due to his impairment he decided to overtake.

“It was grossly unsafe to do so,” he said.

“Very serious injuries were suffered by the drivers, happily falling short of life changing injuries.

“I reject the argument that inexperience contributed to these collisions. They were due to drinking.”

Konkel, who has just turned 23, will have to take an extended test before he can drive again.

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