No Sanction Can Be Imposed If The Window Film In The Vehicle Does Not Obstruct The View
19th Criminal Chamber 2016/376 E. , 2016/20120 K.
“Case Law Text”
Regarding the rejection of the application for the traffic administrative fine decision report dated 11/04/2015 and numbered HF 4553… issued by the …Traffic Registration and Supervision Bureau Office regarding the imposition of an administrative fine of 189,00 Turkish lira on the misdemeanant … due to the act of violating Article 30/1 -b of the Highway Traffic Law No. 2918 … The case file attached to the letter of the Ministry of Justice dated 08/07/2015 and numbered 45799 containing the request for reversal for the benefit of the law against the decision of the Criminal Judgeship of Peace dated 24/04/2015 and numbered 2015/45 different business was submitted to the apartment with the notification of the Chief Public Prosecutor of the Court of Cassation dated 16/09/2015 and numbered KYB. 2015-256929 numbered notification was submitted to the office and read.
In the aforementioned notice
According to the scope of the file, due to the fact that the windows of the vehicle he was driving were filmed, those who use the vehicles with ornamental accessories and protrusions that will obstruct the view or that may be dangerous for those inside in the event of an accident…are punished with an administrative fine in Article 30/1-b of the Law No. 2918. “, no determination was made in the administrative sanction report that the films in question obstruct the view, and no report was taken in this regard,
and it was understood that the films in question do not obstruct the view even when viewed with the naked eye in the photographs of the vehicle in question submitted to the file by the muteriz, it was not deemed inappropriate to decide to reject the objection in writing instead of accepting it, in accordance with Article 309 of the Code of Criminal Procedure No. 5271. Pursuant to Article 309 of the Criminal Procedure Law No. 5271, it was requested that the aforementioned decision be reversed for the benefit of the law, and the necessity was discussed and considered;
Since the content of the notification of the Chief Public Prosecutor’s Office of the Court of Cassation based on the request for reversal for the benefit of the law is deemed appropriate, the decision of the …Criminal Judgeship of Peace dated 24/04/2015 and numbered 2015/45 different business numbered decision of the …Criminal Judgeship of Peace dated 24/04/2015 regarding the administrative sanction decision given with the 11/04/2015 dated and HF-4553… serial numbered report on the misdemeanant shall be REVERSED in accordance with Article 309/4 of the Code of Criminal Procedure. and the traffic administrative fine dated 11/04/2015 and numbered HF-4553…serial numbered and dated 11/04/2015 against the misdemeanant … shall be cancelled, it was unanimously decided on 22.06.2016
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