The Graneros Guarantee Court found the partner and legal representative of the passenger transport company Línea Azul Limitada, as well as the head of the repair and maintenance workshop, guilty, in an abbreviated procedure, of allowing a vehicle to be driven with a hidden or falsified driver’s license. plate and tort murder, very serious serious injuries, serious injuries and less serious injuries. Illegal crimes committed in the commune of San Francisco de Mostazal in July 2019.
In sentencing, the judge sentenced manager Marcelo Antonio Hernández Sandoval to a single 5 years in prison, and as the author of the sentence, he was repeatedly utterly disqualified from political rights and utterly disqualified from public office and office during the term of the sentence. The crime of allowing the use of a vehicle whose license plate is concealed or defaced, and wrongful acts of murder, 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.
The decision shows that if the convicts fulfill the requirements of the repeated Articles 15 and 15 of the Law No. 18.216, the execution of the prison sentence is replaced by the substitution penalty. INTENSIVELY PROTECTED FREEDOMare subject to an intervention period equal to that which, if effectively implemented, would correspond to the fulfillment of the amended prison sentence, namely 3 years and 1 day for Daniel Guajardo and 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, they must comply with the Individual Intervention Plan approved at that time by the enforcement court, and the legal requirements in clauses a), b) and c) of Article 17 of the said Law. Article 17, convicts are obliged to comply with all education, work, culture, education and treatment programs determined by the Center for Social Integration.
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.
The court admitted that at around 11:55 p.m. on July 28, 2019, driver Edison Luis Aedo Recabal (convicted with abbreviated procedure) “departed with 53 passengers from the South Terminal in the city of Santiago for Temuco. The purple, green and yellow double decker the bus, however, uses the license plates and documents of the PPU BYXL-64 bus.In these conditions and at about 1:15 am on Monday 29th, Edison Aedo was driving along Ruta 5 Sur at kilometer 60 of the commune of San Francisco de Mostazal and under the conditions described above, his bus could be avoided Mechanical failure, consisting of an 18mm crack in the right third of the front axle stabilizer bar, caused the bar to break while facing a left turn, causing the driver to lose control and maneuverability of the bus and divert its trajectory. left colliding with the front part of the barrier. province.
Collision and rollover, which killed six passengers and seriously injured two; to 14 serious injuries; less serious injury for two people; 29 people were slightly injured.
In the decision, it is stated that the bus used by Edison Aedo during the events was Volvo brand, purple, green and yellow, with CBTV.17 patent, but it was put into circulation using the BYXL-64 patent. it didn’t belong to him. In addition, the chassis number plate was attached to this vehicle, and the technical revision certificate, compulsory insurance and the registration certificate in the National Passenger Transport Services Registry corresponding to the BYXL-64 bus, which has not been released, were used. It was circulated and partially disassembled at the address of the company Línea Azul in the commune of Chillán.
The Volvo brand bus with CBTV.17 patent, purple in green and yellow colors has been canceled in the National Register of Public Passenger Transport Services of the Ministry of Transport and Telecommunications, so it cannot serve as of that date. public passenger transport also did not have a valid whitepaper.
The defendants, Hernández Sandoval and Guajardo Pinto, deliberately put a vehicle that was not suitable for him into circulation for the transport of people on roads and highways, as he did not have maintenance and the necessary permits, causing the accident directly and definitively. , CBTV.17 bus overturned, 6 passengers killed and 40 more injured and injured. Since both defendants were clearly aware that the lack of security, maintenance and failure to follow the rules governing this activity resulted in the death of people, they nevertheless continued their actions consistently over time and produced the previous result. stated.
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