Source: Four years in prison for a fatal accident in Villasirga
Found on: 2022-08-07 05:00:00
The Supreme Court has upheld the sentence of four years in prison for the young SMC as the author responsible for a crime against road safety in competition with another of reckless homicide as responsible for the accident recorded in February 2017 in Villalcázar de Sirga, where the driver of a car that collided with the one driven by the defendant who was traveling accompanied by another young man, MAFF, who was also the owner of the car, and a woman.
The high court of the nation, in the sentence to which Diario Palentino has had access, established this prison sentence after partially admitting the appeal filed by the accused. In fact, the Supreme Court has finally acquitted him of the crime of reckless injuries of which he had been initially accused, considering the Chamber that the charges for which he has already been convicted implicitly bear the seriousness and consequence of the facts, while he was prohibits driving motor vehicles for four years and the corresponding fine.
On the other hand, it should be remembered that the Provincial Court, in its ruling on the appeal, decided to acquit the MAFF co-driver as a necessary collaborator of the crimes of reckless homicide and injury (two years in prison and deprivation of a driving license for three years, two months and one day, in addition to the fine), sentencing him for an offense against traffic safety to a fine of 1,620 euros and deprivation of driving motor vehicles for one year and three months.
The lower court ruling issued at the time by the Criminal Court considered it proven that the vehicle that caused the accident was driven by SMC, despite its version against it and the fact that initially and after the impact the other accused, MAFF, declared to the Civil Guard that he was driving, believing that only material damage had been caused.
The accident, for which compensation had already been paid, occurred around 02:15 on February 19, 2017 when SMC was driving an Audi A4, owned by the also accused, MAFF, who was co-driver, and also occupied by a woman and at kilometer 6,516 of the regional road P-980 (road N-120-Frómista), within the term of Villalcázar de Sirga, burst into the opposite lane and collided head-on with the Renault Clio driven by MJPS, which resulted deceased, and also occupied by JGS, who was badly injured.
The sentence understood that the accident occurred because the accused driver was driving with impairment of his physical-psychic faculties and, consequently, of limitation of his perception and reaction capacities due to having consumed alcohol and cocaine. In fact, in the tests to which he was subjected, he showed a rate of 0.84 and 0.87 milligrams of alcohol per liter of expired air, to which is added the positive also in cocaine use.
AWARE. What was striking about the case was the fact that the co-driver and owner of the car, MAFF, was initially sentenced for the same facts, not for having also given positive results in alcohol consumption (0.96 and 0.89), but for having consented to his companion on the bench to drive his car, “voluntarily and being fully aware of the situation in which his friend was” because he had seen him ingest the aforementioned substances with his own eyes. As has already been mentioned, the Provincial Court finally upheld his appeal, finally leaving his conviction for a crime against traffic safety.