Court quashes acquittal for traffic offense due to flawed evidence assessment and violation of free evaluation of evidence rules.
Legislator summary
AI generatedThe appellate court quashed the lower court's acquittal and remanded the case for retrial. The defendant was originally found not guilty of a traffic offense because the lower court accepted the expert opinion that the driver exercised special caution despite a red light. The court found this assessment contradicted the evidence, including witness testimony and the expert's own findings regarding the victim's fault and the driver's ability to avoid the collision. Consequently, the court ruled that the lower court violated the principle of free evaluation of evidence by making an arbitrary decision unsupported by the record.
Legislator headnote
AI generatedArt. 7 k.p.k.; Art. 8 k.p.w.: The court must critically evaluate all evidence; an acquittal based on an expert opinion that contradicts other established facts or ignores the possibility of avoiding the incident violates the principle of free evaluation of evidence.