Penal - Rol N° O-502-2020

This document details a legal case involving PEDRO SAMUEL VENEGAS NAVARRETE as the plaintiff against SERGIO ELADIO AGUILERA FIGUEROA. The case, identified by RIT 502-2020 and RUC 1901192788-5, was heard by the Juzgado de Letras y Garantía de Yumbel. The proceedings were simplified, and the judgment was issued on May 15, 2022.

The core allegations state that on November 1, 2019, around 9:45 PM, at the intersection of Pedro Aguirre Cerda and Valdivia streets in Yumbel, Sergio Eladio Aguilera Figueroa, while driving a taxi, collided with a vehicle belonging to LUIS VALLE VALLE, causing damage. Following the collision, Aguilera Figueroa fled the scene and subsequently consumed alcohol at his residence.

The prosecution charged Aguilera Figueroa with driving under the influence, citing Articles 110 and 196 of the Traffic Law. The prosecution sought a sentence of 300 days of minor imprisonment in its minimum degree, a fine of 5 UTM, a two-year suspension of his driver's license, and costs. However, the Tribunal ultimately acquitted the defendant.

Sergio Eladio Aguilera Figueroa, identified by identity card number RUT, works as a taxi driver. No criminal record was mentioned for the defendant, nor was his age specified in the available information.

The prosecution considered a mitigating circumstance under Article 11, section 6 of the Penal Code. However, given the acquittal, the court did not find any mitigating or aggravating circumstances.

The prosecution's argument centered on proving the defendant's culpability, relying on a breathalyzer test and expert testimony regarding his state of intoxication while driving. They sought a conviction. The defense, conversely, requested acquittal, asserting that the evidence did not prove driving under the influence, but rather that the defendant consumed alcohol after the incident. The defense also challenged the validity of the evidence and the credibility of the witnesses.

The Tribunal's primary reasoning for acquittal was the failure of the prosecution to establish that the defendant was driving while intoxicated at the time of the accident. The court noted that the defendant left the scene and drank alcohol at home afterward. The evidence presented by the prosecution was deemed insufficient to prove driving under the influence at the moment of the accident.

Key legal provisions cited include Articles 110 and 196 of the Traffic Law, Article 15, section 1 of the Penal Code (regarding the defendant's participation), Article 11, section 6 of the Penal Code (mitigating circumstance), Article 111 of the Traffic Law (determining intoxication), and Articles 297, 341 onwards, and 388 onwards of the Code of Criminal Procedure.

As the judgment was an acquittal, no conditions were imposed, and no information regarding appeals or their submission was provided.

• Basic case data (court, RIT/RUC, date, procedure type) • Court: Juzgado de Letras y Garantía de Yumbel • RIT: 502-2020 • RUC: 1901192788-5 • Date: May 15, 2022 • Procedure type: Simplified

• Established facts (conduct, dates, places) • On November 1, 2019, at approximately 9:45 PM, on Pedro Aguirre Cerda street corner Valdivia, Yumbel, Nombre, driving a taxi, collided with the vehicle of Nombre, causing damages. • After the accident, Nombre left the scene. • After the accident, Nombre consumed alcohol at his home.

• Legal classification and sentence imposed • Legal classification: Driving under the influence of alcohol, according to articles 110 and 196 of the Traffic Law. • Sentence requested by the Prosecutor's Office: 300 days ...