Penal - Rol N° O-27-2021

This case summary details a legal proceeding involving Nombre as the plaintiff and Nombre as the defendant, heard before the Tribunal de Juicio Oral en lo Penal de Punta Arenas. The case, identified by RUC 1700565191-3 and RIT 27-2021, concluded with a sentence on September 28, 2021. The core of the case revolves around an incident that occurred on June 18, 2017, at approximately 02:50 hours, at the intersection of 21 de Mayo and Bellavista streets in Punta Arenas. The defendant, Nombre, was found to be driving a Suzuki Alto, license plate BRCB-34, while under the influence of alcohol and without a driver's license. The vehicle lost control and impacted a guardrail. Breathalyzer tests indicated an alcohol level of 1.41 g/l, and a blood alcohol test showed 1.35 g/l. The defendant was charged with driving a motor vehicle under the influence of alcohol without a license, in a consummated degree, violating articles 196, 110, 111, and 209 of Law 18.290. The imposed sentence was 600 days of minor imprisonment in its medium degree, a fine of 4 UTM, a two-year suspension of their driver's license, and the suspension of public office during the sentence period. A substituted penalty of partial nocturnal house arrest with telemonitoring was granted, requiring the defendant to be confined from 22:00 to 06:00 daily. The fine was made payable in eight monthly installments. The defendant, Nombre, was 29 years old at the time of sentencing, born August 23, 1992, and identified as an engineer in risk prevention, currently an advisor for the Municipal Corporation of Punta Arenas for Education, Health and Child Care, earning a gross monthly honorarium of $1,016,950. The defendant had a prior conviction for driving under the influence on November 27, 2018, which occurred after the events of this case. The court considered the mitigating factor of irreproachable prior conduct (Article 11 No. 6 of the Penal Code) and applied an increased penalty for driving without a license (Article 209, second paragraph, of Law 18.290). The mitigating factor influenced the penalty application and the allowance of payment facilities. The prosecution argued for a penalty of three years of minor imprisonment in its medium degree, a 10 UTM fine, license suspension, and costs. The defense acknowledged the facts and focused on procedural arguments, seeking substituted penalties. The court's decision was based on the evaluation of testimonial and documentary evidence, including statements from witnesses like Nombre, Nombre, and Nombre, alcohol tests, driver history, and photographs, as well as the defendant's admission of facts, the mitigating factor of prior conduct, the defendant's socioeconomic situation, and the substituted penalty request. Key legal provisions cited include Articles 15 No. 1, 67, and 70 of the Penal Code; Articles 1, 45, 46, 47, 295, 296, 297, 325, 339, 340, 342, and 348 of the Code of Criminal Procedure; Articles 196 and 209 of Law 18.290; and Article 8 of Law 18.216. The defendant must comply with the nocturnal house arrest, report to the Center for Social Reintegration within five days of the sentence becoming final, and adhere to telemonitoring instructions. Failure to comply will result in the revocation of the substituted penalty and the effective execution of the custodial sentence. No appeals are mentioned in the document.

• Datos básicos del caso: * Tribunal: Tribunal de Juicio Oral en lo Penal de Punta Arenas. * RUC: 1700565191-3. * RIT: 27-2021. * Fecha de la sentencia: 28 de septiembre de 2021. * Tipo de procedimiento: Juicio oral.

• Hechos acreditados: * Fecha: 18 de junio de 2017, aproximadamente a las 02:50 horas. * Lugar: Intersección de las calles 21 de Mayo con Bellavista, Punta Arenas. * Conducta: Nombre conducía un vehículo marca Suzuki, modelo Alto, color rojo, patente BRCB-34, en estado de ebriedad y sin licencia de conducir. Perdió el control del vehículo impactando una barrera de contención. El examen respiratorio arrojó 1.41 g/l de alcohol y el examen de alcoholemia 1.35 g/l.

• Calificación jurídica y pena impuesta: *...