In this state of affairsI determine that what is stated in paragraph 6 of the indictment that the defendant swerved from his lane twice before the third deviation that led to the accident, then in light of the route of the road, the lighting condition on the road, the time of the accident, and especially in light of the testimony of the eyewitness Israel Zadok in court, in which he retracted his statement in his police interrogation regarding the number of deviations, I acquit the defendant of what is stated in the preamble of section 6 of the facts of the indictment, according to which:
"At a certain point in the journey, when the defendant approached km 8.1 on the road, he swerved with his car into the opposite lane in the direction of his travel, returned to his original lane, then swerved again into the opposite lane, returned to his original lane again, all while Vehicle B was driving in front of him in the opposite lane, while reducing the distance between them."
Kerry, I acquit the defendant of the first two deviations attributed to him in the preamble of section 6 of the facts of the indictment.
Therefore, And as I will discuss further later, I determine that in the defendant's case there was only one deviation from his lane of travel to the lane of the vehicle involved, a deviation that led to the occurrence of the accident and therefore at the end of section 6 of the facts of the indictment, according to:
"When the defendant reached km 8.1 on the road, he swerved with his car on the third into the opposite lane and hit the front of car A with great force in front of car B (hereinafter: "the accident")."
The defendant will be acquitted of circumcision "In the third."
Field of view
There are two questions on this issue:
The first is whether there is a field of vision for each of those involved to see the vehicle traveling in the opposite lane.
The second - Is there a field of vision for the eyewitness Eilon Zadok?
As for the first question, Examiner Maayan noted in the examiner's report under the heading "Field of View" with respect to the two vehicles involved, as follows:
"It was checked from a test van and measured with a zero pulley - this is a dark road with no lighting, so the distance that can be seen ahead is a road light - 30 meters."