Legal representative and driver of a bus company, convicted for an accident in San Francisco de Mostazal > El Rancagüino

In an abridged procedure this Saturday, the court ordered the legal representative and head of the repair and maintenance workshop of the passenger transport company Línea Azul Limitada to authorize the use of a vehicle whose license plate was concealed or defaced and for murder, wrongdoing, very serious injury, serious injury and death. less serious injuries. Illegal crimes committed in the commune of San Francisco de Mostazal in July 2019.

Judge María José Valladares Araya in the decision (case number 1,844-2019) sentenced administrator Marcelo Antonio Hernández Sandoval to a single 5-year prison sentence, the legal accessories of which were absolute permanent disqualification for political rights and absolute disqualification for positions and public offices. during the execution of his sentence, as the perpetrator of the wrongful acts of allowing the use of a vehicle with a concealed or falsified license plate and of murder, very serious injury, serious injury and light injury.
Likewise, the court sentenced Hernández Sandoval to two one-year license suspensions and a 50 UTM fine.

In the case of workshop head Daniel Alexis Guajardo Pinto, the court sentenced him to 3 years and 1 day in prison. The duration of the penalty is to allow the use of a license plate or fraudulent vehicle as the perpetrator of the crime and to wrongful act, murder, very heavy injury, heavy injury and light injury. Plus two penalties, one year license suspension and 2 UTM fines.

“In case the convict fulfills the requirements of Article 15 and reiterated Articles 15 of Law No. 18216, a penalty of INTENSIVE MONITORED RELEASE is imposed instead of imprisonment, and if this penalty is complied with, an intervention will be made for the period to be fulfilled. The prison sentence that was fulfilled was actually implemented, that is, 3 years and 1 day for Daniel Guajardo, 5 years for Marcelo Hernández”.

To comply with alternative sentences, the prisoner must arrive at the Chillán Center for Social Reintegration within 5 days of the execution of the sentence with a sentence of arrest warrant issued.

“During the control period, in accordance with the Individual Intervention Plan approved by the enforcement court at that time, the legal conditions in subparagraphs a), b) and c) of Article 17 of the aforementioned law, and Article 17, the convicts receive all education, work, cultural and is obliged to comply with the education and treatment programs.

Finally, the convicts were exempted from paying the costs of the trial, as they accepted the facts of the prosecutor’s accusation and the shortened procedure.

FILE

The court accepted beyond reasonable doubt that at around 11:55 pm on 28 July 2019, driver Edison Luis Aedo Recabal (convicted in shortened trial) “left from the city’s South Terminal with 53 passengers”. The purple, green and yellow double-decker bus from Santiago to Temuco uses patent CBTV.17, but uses license plates and documentation for the PPU BYXL-64 bus. In these conditions and at around 1:15 am on Monday, 29th, Edison Aedo was driving on Ruta 5 Sur at kilometer 60 in the commune of San Francisco de Mostazal, and in the conditions described above, an avoidable and predictable mechanical failure occurred while servicing the bus. An 18mm crack in the right one-third of the front axle stabilizer bar caused the bar to break when looking into a left turn, causing the driver to lose control and maneuverability, diverting the bus’s trajectory. its front part collided with the containment barrier of the route. Due to the projection, the vehicle overturned by lying on its side on the track.

This collision and rollover killed six passengers and seriously injured two; to 14 serious injuries; less serious injury for two people; 29 people were slightly injured.