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
Base No:2013/9401
Decision No:2014/1935
K. Date:29.1.2014
The verdict on the conviction of the defendant for endangering traffic safety was appealed by the defendant and the file was reviewed and considered as 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 in accordance with the results of the prosecution, the scope of the file being reviewed, the rejection of other appeals that are not considered at the place of the defendant, but;
Twenty minutes after the incident, which was determined to be intoxicated measurement promil 64 the defendant, while cruising in the administration of the vehicle, the vehicle travelling in the same direction in front of a rear-end collision in the event that occur in the form of; 100 PROMIL on the ability of alcohol safe driving is lost in the sink, every hour, the alcohol level in the body is reduced PROMIL we know for sure that by 15; during the event, the defendant is approximately 69 promil alcoholic, N. the driver of the vehicle in front. B..considering that there is no evidence of the defendant’s outward behavior during the incident, there is no evidence that the defendant has lost the ability to drive safely due to alcohol; it is understood that there is no evidence that the defendant has lost his ability to drive safely due to alcohol; a decision on the defendant’s conviction in writing, rather than acquittal, regardless of the fact that the legal elements of the breakthrough crime have not been formed,
It is contrary to the law, and since the defendant’s appeals are considered to be in place as of this date, the provision is therefore in accordance with Article 8 of Law No. 5320. article 321 of CMUK No. 1412, which is currently being implemented in accordance with Article. according to the article, it was decided unanimously on 29.01.2014 that it would be BROKEN against the will.
