VIII K 403/12
AI generated
Court acquits driver of negligent traffic offense due to insufficient reaction time and lack of fault.
Legislator summary
AI generatedThe court acquitted the defendant of negligent traffic offenses caused by a road accident resulting in serious injuries to two passengers. While the prosecution argued the defendant failed to brake and changed lanes, the court found the driver acted within administrative speed limits and vehicle conditions were good. The court ruled that the one-second reaction time available was insufficient for any deliberate defensive maneuver, thus negating the required negligence under the Criminal Code.
Legislator headnote
AI generatedArt. 177 § 1 k.k.; Art. 9 § 2 k.k.: A driver is not guilty of negligent traffic offenses if, despite foreseeability, they could not have avoided the accident due to insufficient time for a deliberate defensive maneuver.
Keywords
AI generated
negligent traffic offense
insufficient reaction time
unintentional act
road accident liability
criminal code negligence
defensive maneuver
acquittal due to impossibility
Cited Legislation
AI generatedArt. 177 § 1 k.k.
Art. 9 § 2 k.k.
art. 157§1 k.k
art. 9§2 k.k