Summary:
The absence of an external determination in terms of his behavior during the incident is evidence that the defendant understood that his ability to drive safely was lost due to being drunk; whether it is important for the defendant to have his conviction written down instead of being acquitted to constitute the legal elements of the crime,
TC
Supreme
12.Criminal Department
Original No.: 2013/9401
Decision No:2014/1935
K. Date:29.1.2014
The decision regarding the conviction of the defendant for endangering traffic safety has been appealed by the defendant and the file has been examined as deemed necessary:
According to the results of the trial, the evidence collected and shown at the place of decision, the opinion and discretion of the court formed according to the results of the prosecution, the scope of the file under review, the rejection of other appeals requests of the defendant that were not evaluated at the place, but;
Measurement of promil 64 twenty minutes after the incident in which he was found to be drunk, if the defendant, while driving the vehicle, rear-ended the vehicle in front of the vehicle traveling in the same direction; if the ability to drive safely with 100 PROMIL alcohol sinks, we know for sure that the alcohol level in the body decreases every hour; at the time of the incident, the defendant was about 69 promil drunk, the driver of the vehicle in front of N. B..there is no evidence regarding the defendant’s external behavior during the incident, there is no evidence that the defendant lost the ability to drive safely due to being drunk;
it is understood that there is no evidence that the defendant lost the ability to drive safely due to being drunk; although the legal elements of the criminal violation were not formed, the decision not to acquit the defendant, but to convict him in writing, is based on the law
considering that it is contrary and that the defendant’s appeals are in place as of this date, the provision of Law No. 5320 is 8. 321 of the CMUK No. 1412, which is still in force, in accordance with its article. in accordance with the article, its cancellation was decided unanimously on 29.01.2014.