Changes in the administrative penalty in the form of a fine due to the fault of the second driver

Judge of the judicial board for civil cases of the Kostanay Regional Court of the Republic of Kazakhstan Dosmukhambetov A.Zh., having considered in open court in the order of administrative proceedings, with the participation of prosecutor Aishev D.A., the victim I.D.V., the person brought to administrative responsibility Zh.K., with secretary Nasedkina V.V., the administrative case received on the complaint of Zh.K. the decision of the Zhitikarinsky district Court dated July 17, 2018 in respect of J.K.E., born on March 30, 1993, INN- .., a native of Kostanay region, a citizen of the Republic of Kazakhstan, residing in the city of Zhitikar.... house 7 sq. 80, who had not previously been brought to administrative responsibility, with the choice of the Russian language of production, with audio recording, involved in the commission of an offense under art. 610 part 1 of the Code of the Republic of Kazakhstan on Administrative Offenses. By the decision of the Zhitikarinsky District Court dated July 17, 2018, Zh.K. was brought to administrative responsibility for committing an administrative offense under art. 610, part 1 of the Administrative Code of the Republic of Kazakhstan, and an administrative fine in the amount of 48,100 tenge was imposed. In the complaint of J.K. He indicated that he did not agree with the court's ruling, he was moving along the main road at a speed of about 60 km/h, there were no signs prohibiting overtaking or indicating a change in the direction of the main road, as well as road markings prohibiting entry into the oncoming lane. When he saw a car in front of him, driven by I.D.V., he turned on the left turn indicator and changed lanes into oncoming traffic. At the same time, the turn signal of the vehicle in front was not turned on. The driver, who was traveling in the same direction, explained that he turned on the turn signals and began to maneuver, and at that time a collision occurred. And that he made an overtaking maneuver at the intersection. At the same time, when asked at what distance from the intersection he turned on the turn signal, I.D.V. replied that he was 10 meters from the intersection.

Changes in the administrative penalty in the form of a fine due to the fault of the second driver

The fact that before making a turn maneuver, he looked in the rearview mirror to make sure that his maneuver was safe was also not mentioned by I.D.V.. He considers that in this case the traffic regulations violated I.D.V. p.8.1,8.2,8.5. He asks the court to cancel the ruling and dismiss the case. After hearing the speech of Zh.K., who asked the court to cancel the decision, the victim, I.D.V., who asked the court to leave the decision unchanged, the conclusion of the prosecutor, A.D.A. Having studied the case materials and the arguments of the complaint, I believe that the court's decision should be left unchanged on the following grounds. According to the protocol on an administrative offense, on July 2, 2018, at about 7.20 a.m. in the city of Zhitikar on the highway .. Zh.K. at the intersection of roads, driving an Audi C4 car, state number 121 ... 10, violated clauses 11 - 1-3, 11-5 of the traffic regulations, did not keep his distance in front of a car moving in the same direction and, while overtaking at the intersection, collided with an Audi C4 car, state number 711.... 10, which caused to the victim I.D.V. material damage. The wines of J.K. the commission of the offense charged against him is confirmed by the following documents: the protocol on administrative violation of traffic rules, the protocol of inspection of the accident site, the traffic accident scheme, from which it follows that the collision of vehicles occurred during overtaking, the written explanations of the victim I.D.V. and Zh.K. himself, who did not deny that I.D.V. turned on the turn signals for 16 meters before the turn, he couldn't stop himself. The evidence examined at the court session was given a correct legal assessment by the court of first instance, the actions of J.K. he was correctly qualified under art.610 part 1 of the Administrative Code of the Republic of Kazakhstan, as he committed a violation of the established rules of road safety, resulting in damage to vehicles, causing material damage. The arguments of J.K.'s complaint that the driver of I.D.V., who made a turn in violation of safety rules, was responsible for the traffic accident, are correct, but there is also J.K.B.T.'s fault, since J.K. at the intersection of roads, driving an Audi C4 car, state number 121 ... 10, violated paragraph11-1-3 , 11-5 traffic regulations, did not keep his distance in front of a car moving in the same direction and, while overtaking at an intersection, collided with an Audi C4 car, state number 711 ... 10, performing a turning maneuver. The arguments of Zh.K.'s complaint that violations of clauses 8.1, 8.2. of the traffic regulations are seen in the actions of I.D.V. D.M. deserve attention, since I.D.V. When making a left turn, he did not make sure that the maneuver was safe and would not interfere with other road users, these violations also led to a collision of vehicles, confirmed by both the testimony of J. K. and the testimony of I.D.V. that he turned on the turn signals and collided with an overtaking car. Therefore, there is a mutual fault of drivers in a traffic accident who were unable to drive a section of road in compliance with traffic rules. The driver is I. D.V. she may be brought to administrative responsibility under art.610 Part 1 of the Administrative Code of the Republic of Kazakhstan, after verification by an official of these arguments, if the deadline for bringing to administrative responsibility has not passed. Therefore, there are no grounds for revoking the court's decision and terminating the administrative proceedings.

Changes in the administrative penalty in the form of a fine due to the fault of the second driver

In accordance with Article 55 of the Administrative Code, an administrative penalty for an administrative offense is imposed within the limits provided for in the article of the special part of this section for this administrative offense, in strict accordance with the provisions of this Code. When imposing an administrative penalty on Zh.K., the court, in accordance with art.56 of the Code of Administrative Offences of the Republic of Kazakhstan, did not establish mitigating and aggravating circumstances. Given the identity of the offender, Zh.K., who committed traffic violations, there are grounds in the case for changing the administrative penalty in the form of a fine due to the fault of the second driver. On the basis of the above, guided by Articles 838,839, Part 1 of Paragraph 1 of the Code of the Republic of Kazakhstan "On Administrative Offenses", the court ruled: The decision of the Zhitikarinsky District Court of July 17, 2018 regarding Zh.K.E. to leave unchanged, the imposed penalty of Zh.K.E. to reduce by 30%, and partially satisfy Zh.K.'s complaint. Changes in the administrative penalty in the form of a fine due to the fault of the second driver

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