The judge of Lenin district court of Nikolaev Yury Kruty recognized the head of department concerning emergency situations of the Nikolaev regional state administration, the deputy of a regional council from Party of Regions Pyotr Kaminsky by road accident guilty of commission, and imposed on it a penalty of 425 hryvnias.
We will remind that in August of this year in Nikolaev Kaminsky, being at a wheel of the official car «Daewoo Leganza» , I became responsible for road accident, without having given way to the car «Volga». Examination confirmed that the official it was drunk, when was at a car wheel. However, Kaminsky in court declared that such results considers invalid and denied that took alcoholic beverages.
So, Pyotr Kaminsky was accused of offenses, provided by part 1 of article 130 ( «Driving by the person who is in a condition of alcoholic, drug or other intoxication or under the influence of the medicines reducing their attention and speed of reaction) and 124 ( «The traffic violation of the rules which entailed damage of vehicles» ) Code of Ukraine «About administrative offenses».
The judge noted that employees of the State traffic inspectorate use special means which have certificates about state registration and checking (breathalyzers). According to the letter of GP «Ukrmetrteststandart» , this enterprise executed checking of breathalyzers which belong to the Nikolaev regional narcoclinic, on June 19, 2013 which period of validity of the testing certificate expired on June 19, 2014.
It is specified in case papers that Kaminsky's medical examination on an alcohol intoxication by means of the breathalyzer was carried out on August 13, 2014, and the last calibration of this device was executed more than a year ago - on June 19, 2013.
At the same time, according to the letter of an oblnarkodispaser, the last checking of this technical device was made on September 5, 2014, thus data on checkings in 2013 in establishment aren't present.
Proceeding from such circumstances, the court considered that the act of medical examination of Pyotr Kaminsky of August 13 of the current year is the invalid proof therefore didn't see in the actions of the official of structure of an offense provided by part 1 article 130 ( «Driving by the person who is in a condition of alcoholic, drug or other intoxication» ) Code of Ukraine «About an administrative offense».
The judge Kruty united affairs concerning Kaminsky on both articles in one and, having investigated materials, found the official guilty of commission of an offense, provided by article 124 ( «The traffic violation of the rules which entailed damage of vehicles» ), having imposed on it a penalty of 425 hryvnias, and also judicial collecting in the sum of 36 hryvnias of 54 kopeks.
At the same time, production as regards 1 article 130 ( «Driving by the person who is in a condition of alcoholic, drug or other intoxication» ) the court closed due to the lack of structure of an offense.
We will remind that in Nikolaev YEAH were limited to reprimand To Pyotr Kaminsky who arranged road accident on an office car.