The drunk driver tried to leave the yard on the public road, but crashed into the wall of the neighboring house. He was sentenced to conditional imprisonment for “drunk driving on land traffic”. A breathalyzer test showed that he had more than three permille. The Office of the Commissioner for Human Rights, which filed a cassation appeal against the verdict, said: “The convict did not drive a vehicle on the ground.” It was emphasized that it was decided “in gross violation of the procedural law”.
The district court found the defendant guilty in 2022 of driving under the influence of alcohol in 2021. The breath test showed 1.48 mg/l of alcohol, which is more than 3 ppm. The court suspended him for eight months and disqualified him from driving on land for three years. Despite the appeal of the lawyer, last year the district court at the second stage left the verdict unchanged.
On Friday, a news was published on the website of the Office of the Commissioner for Human Rights, which informed about the cassational appeal in this case. “The traffic law does not apply to traffic in the yard of private houses, because the place where general or local traffic takes place should only be roads, that is, separate plots of land adapted for communication, connecting separate settlements or points of relief. “. – has been transferred.
Residential buildings with courtyards (illustrative photo) Illustrative photo/Shutterstock
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He tried to leave the yard, but he hit a nearby wall
As mentioned in the press release of the Office of the Commissioner for Human Rights, the verdict of the district court was issued “in gross violation of procedural law”.
“The evidence shows that the convict was driving his car while intoxicated, but only in the back yard of private property. He tried to exit the yard onto the public highway, but crashed into a car. They called a neighbor’s wall and the driver stopped the car. did and did not leave the yard.”
They confirm this course of events, among others. the police officer’s note and the testimony of one of them, as well as the protocol of the trial test, which indicates that the place of the traffic was “the backyard of the building”.
According to the Criminal Code, “a person who drives a vehicle while intoxicated or under the influence of narcotic substances in land, water or air transport shall be imprisoned for a term of up to three years. “
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“The court ignores or fails to see obvious and undeniable defects”
In the statement of the Office of the Commissioner for Human Rights, it was mentioned that although the concept of ground traffic does not have a legal definition, but “there is a number of legal practices on this topic that allow for its interpretation”. “As is clear from Supreme Court case law, these are areas that should be available and used by an unlimited number of people,” we read further.
“The court of the second instance did not properly review the sentence, because it did not notice the shortcomings of the district court. Proper review of the appeal, which went beyond the scope of the appeal, could lead to the conviction to move in the area where the movement of the earth occurred and from this therefore, the verdict will be different,” the statement said.
The Office of the Commissioner for Human Rights concluded that, as a result, the sentence of the second instance should be considered an “unjust claim”. “This situation occurs when the court ignores or fails to notice obvious and indisputable defects that affect the correctness of the sentence,” it explained.
Therefore, in a cassation appeal to the Supreme Court, the Deputy Commissioner for Human Rights, Stanislav Trotsyuk, requested that the final judgment be annulled and the case be returned to the district court for consideration at the second stage.
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