Supreme Court 12. Criminal department

Base Number: 2019/10106

Decision Number: 2021/3042

“text of jurisprudence”

Court of First Instance: Criminal Court of First Instance
Crime : Personal injury
Provision : 89/4, 22/3, 62/1, 50/1-a, 52/1-4, 53/6 of the Turkish Commercial Code. according to the articles of conviction

The provision on the conviction of the accused for the crime of wounding by installment was considered necessary by the defendant on appeal, by examining the file:
According to the proceedings conducted, the evidence collected and shown at the place of decision, the court’s opinion and discretion formed in accordance with the results of the prosecution, the scope of the file examined, the defendant’s appeal objections that are not based on a reason are rejected, but;
On the day of the event hours, 20:45, the defendant’s conduct with the tool 0,80 promil, drunk and in a residential neighborhood, 7.40 meters wide, two-way asphalt road at night while cruising on the scene when it comes to the Strip against the direction, by entering, participating in the regular way on the Strip own cruise at sea …’s enthusiasm and she was hit by a motorcycle in administration, participating in the drive …’s in a way that cannot be resolved with simple medical intervention, the next passenger …’s in the way of medical intervention is resolved with simple injuries caused, in the event that the court accepts and determines that the defendant was completely defective in the occurrence of the accident, the court; Based on the scientific data and opinions of Forensic Medicine institution that generates according to the established practice of our agency, because it would eliminate the ability of more than 100 PROMIL the amount of alcohol safe driving, should be applied where it is accepted that the provisions of negligence conscious, in a concrete case at the time of the accident the defendant is taken care of when it is detected that 0,80 PROMIL alcoholic forensic vary from person to person according to the application, but the rate of alcohol each hour would require the adoption of reduced average 0.15 promil, an incident report with the defendant breathalyzer measurement of the time because there is a time difference of twelve minutes from the time of the accident, defendants detected in the rate of alcohol does not exceed 100 PROMYL also contrary to the defendant’s defense will use the vehicle in a safe manner, with the effects of the alcohol, although qualities that are reflected in the file and the reputation of a car use in the absence of proof, considering it being understood that the conscious negligence conditions occur, with the admission that the defendant committed the crime was conscious of the action of the Penal Code No. 5237 22/3. establishment of a provision in writing by applying the article,
Also according to the acceptance and application;
50/4 OF TCK. in the article “a long term of imprisonment imposed for crimes of negligence, although in other cases, it can be converted into criminal fines, however, that this provision shall not apply in the case of conscious negligence ” although it is stated that occur in the event that the motion for the conscious crime, the court also adopted the defendant’s dominated by long-term imprisonment, criminal fines is not observed to be converted into,
It is contrary to the law that the appeals of the accused are considered to be in place as of this date, for these reasons, the provision is based on Article 8 of Law No. 5320. article 321 of the CMUK No. 1412, which is still being implemented in accordance with its article. in accordance with Article 326/last of the same Law, it was unanimously decided on 24/03/2021 that the defendant’s acquired right in terms of the amount of punishment should be reserved, which was violated against his will, on 24/03/2021.

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