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The Crime Caused By Overtaking In The Area Where Overtaking Is Prohibited Was Committed Consciously

12. Criminal Department 2016/556 E. , 2017/3865 K.

“Text Of Jurisprudence”

Court : Criminal Court of First Instance
Crime : Manslaughter
Provision : 85/1, 62/1, 50/1-a, 52/2-4, 53/6, 63 of the TCC. as per the clauses
conviction

The verdict on the conviction of the accused for the crime of murder by taxi was appealed by the defendant’s defense and the deputy of the court, and the file was examined and considered as necessary:
According to the trial conducted, the evidence collected and shown at the place of decision, the scope of the file being examined, the defendant’s defense and the participating attorney’s other appeals should be rejected, but;
On 31/01/2014 18:15 the defendant at the administration in the car with outside of built up areas, at night, lighting, non-directional, asfat, dry, of 5 feet wide on the road bends and the scene where motion is restricted gourus when it comes to watching in front of you at the time that had overtaken tools drive from the opposite direction came from …’S in the event that occur in the form of colliding with uses and unregistered motorcycles, overtaking that the defendant should not be performed in the neighborhood of the action assigned to overtake last conscious of the Penal Code for the crime regardless of the basic sentence 22/3. determination of incomplete punishment by not increasing it in accordance with the article,
Since it is contrary to the law and the appeals of the participating deputy are considered to be in place for these reasons, the provision is 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 11/05/2017 that the request be overturned in accordance with.

 

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