Summary:
the absence of outward anig determination is taken into account during the event for their behavior when alcohol is proof that the defendant understood that the ability is lost because of it being safe driving; the legal elements of the crime regardless of whether the defendant’s acquittal instead of thrown in writing of the conviction,
T.C.
Supreme
12.Criminal Department
Main Number: 2013/9401
Decision No:2014/1935
K. Date:29.1.2014
The verdict on the defendant’s conviction for endangering traffic safety was appealed by the defendant, the file was examined and duly considered:
The court’s opinion and discretion formed in accordance with the results of the prosecution, the evidence collected and shown at the place of decision, the rejection of other appeals that were not seen at the defendant’s place according to the scope of the file being examined, but;
Twenty minutes after the incident, the defendant, who was found to be 64 promil alcoholic, was driving with the vehicle he was driving, while in the same direction in front of the vehicle in the event that occurred in the form of a rear impact; The alcohol sink above 100 promil has lost the ability to drive safely, it is known that the alcohol level in the body decreases by 15 promil every hour; during the incident, the defendant was approximately 69 promil alcoholic, the driver of the vehicle in front was N.. B..’the expression in cuffs in front suddenly to avoid hitting a pedestrian pedestrians on the emergence of sudden braking, meanwhile, bumped from behind, he stated that the defendant’s vehicle, the defendant’s determination is taken into account during the absence of outward event for their behavior when alcohol is proof that the defendant lost the ability because of it being understood that safe driving; the legal elements of the crime regardless of whether the defendant’s acquittal instead of thrown in writing of the conviction,
Since it is contrary to the law and the appeals of the accused are considered in place as such, the provision is therefore in accordance with Article 8 of Law No. 5320. according to Article 321 of the CMUK No. 1412, which is still being applied. according to the article, it was unanimously decided on 29.01.2014 that it should be overturned contrary to the request.
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