… TO THE SENTRY MAGISTRATE’S OFFICE
ADMINISTRATIVE SANCTIONS
THE OBJECTOR :
ADMINISTRATIVE SANCTIONS
DECIDE :
THE SUBJECT OF THE APPEAL IS THE MINUTES OF
DATE OF ARRANGEMENT :
THE SUBJECT OF THE APPEAL IS THE MINUTES OF
HISTORY OF THE THESIS :
WHICH IS THE SUBJECT OF APPEAL
ADMINISTRATIVE SANCTION : T.C. … The Public Prosecutor’s Office, the Izmir Misdemeanor Bureau’s Misdemeanor Book contains our objection to the administrative sanction decision No. 1 and consists of the submission of our petition.
OUR EXPLANATIONS
The administrative fine imposed on my client is contrary to the law and it is not possible to accept the fine. That is to say;
1-) … a special motorcycle registered on the registration plate; …/… /… dated October …, as a result of the traffic police stopping on the street, my client was presented with an appendix on the grounds that the crime of “Non-Compliance with Traffic Signs” was committed in accordance with Article 47 /1B of the Traffic Code of Highways 2918 …/… /… dated, total … TL. a paid traffic ticket report has been prepared and, in addition, a Serial crime report has been prepared about my client in accordance with Article 39 /1A of Law 2918.
2-) My client received a traffic fine …/…/… on the date T.C. The Ministry of Finance … the Tax Office … the Vehicles Tax Office … has paid with the receipt number. October payable receipt in question is attached to the sample.
3-) Then T. C. … The Prosecutor General’s Office … has imposed an administrative fine of TL on behalf of the client on the date of /…// For the “Crime of Driving with Insufficient License” with the /… Misdemeanor book Number and //… Decision number of the Misdemeanor Bureau. The decision in question has been communicated on …/…/… date.
4-) Article m of the Road Traffic Code No. 2918, which is indicated as the legal basis for an administrative fine. The article of 39/1A is as follows;
“Principles of driver’s licenses
Article 39 – The principles of driver’s licenses are as follows;
a) Authority to use vehicles;
A 1, F, G and H are the only vehicles in their classes with driver’s licenses,
A 1 with A 2 class driver’s license,
F with a class B driver’s license,
B and F with a class C driver’s license,
C, B, and F with a class D driver’s license,
(AMENDED SUBPARAGRAPH RGT: 27.10.1996 RG NO: 22800 LAW NO: 4199/17)
Vehicles used with B, C and F, Class driver’s licenses can also be driven with an E-class driver’s license.
5-) article 2918 of the Road Traffic Code. 36 of the same law as a result of violations that will be made on the basis of the provision of 39 / 1A. the fines that will be deducted by sending to the article are TL … as of the year … within the framework of the revaluation rate. For this reason, the TL issued on behalf of the client is higher than the legal amount of the administrative sanction penalty in question and lacks legal basis. Because … when the amounts of traffic fines deducted in the year are examined … it will be seen that TL does not respond to any legal sanctions.
6-) For this reason, it is necessary to decide on the cancellation of the written fine in the traffic record subject to the objection issued and notified in violation of the law, taking into account Article 39 / 1A of the law in question.
LEGAL REASONS : 2918 P. K. m. 36, 39, 47.
CONCLUSION AND REQUEST: For the reasons that we have tried to present and explain above; we respectfully request from your Supreme Court that the decision be made to cancel the administrative fine of YTL …-, which was issued in violation of the law with the acceptance of our appeal, and to burden the defendant with the costs of the trial. …/…/…
The Objector’s Deputy
Lawyer.
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