The Offence Of Overtaking In An Area Where Overtaking Is Prohibited Was Committed With Consciousness
12th Criminal Chamber 2016/556 E. , 2017/3865 K.
“Case Law Text”
Court :Criminal Court of First Instance
Offence : Negligent homicide
Sentence : Pursuant to Articles 85/1, 62/1, 50/1-a, 52/2-4, 53/6, 63 of the TPC
Conviction
The verdict on the conviction of the defendant for the offence of negligent homicide was appealed by the defence counsel and the representative of the participant, and the file was examined and the necessity was considered:
According to the trial, the evidence collected and shown in the decision, and the scope of the file examined, the other appellate objections of the defendant’s defence counsel and the participant’s attorney are rejected, but;
On 31/01/2014 at 18: 15 on 31/01/2014 at around 18:15, the defendant, with the car under the control of the defendant, outside the residential area, at night, without lighting, on a two-way, asphalt, dry, 5-metre wide road, when he came to the scene of the incident with bends and limited visibility, overtaking the vehicles travelling in front of him, collided with the unregistered motorcycle driven by the driver … coming from the opposite direction, the defendant overtaking in a place where overtaking should not be done, without taking into account that the defendant committed his action with conscious negligence, the basic penalty imposed was not increased in accordance with Article 22/3 of the TPC. Article 22/3 of the Turkish Penal Code without considering that the defendant committed the act with conscious negligence,
Since it is contrary to the law and the appeals of the participant’s attorney are deemed appropriate for these reasons, it was decided unanimously on 11/05/2017 that the verdict be DISMISSED in accordance with the request in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320.
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