In winter, some vehicles are forced to be fitted with winter tires or chains are wrapped around the tires due to icing. The aim is to prevent the vehicle from slipping due to icing and to prevent possible loss of life and property. Failure to comply with this rule is subject to sanctions. Failure of the person to comply with this rule even though it is compulsory, and as a result, causing harm to other people due to non-compliance with the rule is attributed to him as a fault. In the present case, it is seen that winter tires were not fitted to the compulsory vehicle and as a result, the pedestrian hit and died as a result of slipping. The person was sentenced for causing death by deliberate negligence. You can review the sample Supreme Court Decision.
- Criminal Chamber
Principal Number: 2019/9401
Decision Number: 2021/722
“Justice Text”
Court: Criminal Court of First Instance
Crime: Reckless killing
Provision: 85/1, 62/1, 50/4 of the TCK. with reference to article 50/1-a, 52/2-3-4. conviction under articles
The judgment regarding the conviction of the accused for the crime of negligent killing was appealed by the defense counsel and the attorney of the participants, and the file was examined and the necessary consideration was taken:
Rejection of the appeal objections regarding the amount of punishment of the defendant’s defense counsel, the amount of punishment in favor of the defendant’s counsel, the amount of punishment of the attorney who attended, and the non-application of favorable provisions, according to the trial held, the evidence gathered at the place of decision, the opinion and discretion of the court in accordance with the results of the prosecution; However;
The vehicle slipped 4.9 meters while driving in a pick-up truck under the administration of the accused, in the daytime, in a residential area, on a two-way, curved, icy, asphalt pavement street, although it is compulsory according to its class, it does not have winter tires and its tires are not chained. In the event where, while he lost control of the steering wheel as a result of his loss of control, he caused the death of a person with full fault by not adjusting his current speed according to the road conditions, by colliding with a pedestrian walking on the shoulder in the same direction, deviating from the left according to the direction of travel; 22/3 of the TCK numbered 5237, where the accused committed his act with conscious negligence. Failure to consider that an increase should be made pursuant to the article,
It was unanimously decided on 26/01/2021 that the judgment be quashed contrary to the request, pursuant to Article 321 of the Code of Criminal Procedure No 1412, which is still in effect pursuant to Article 8 of the Law No.
