For several seconds of straina camera captured the moment a car collided with a extraurban bus at kilometer 7.9 of the highway to El Salvador, in the sector known as Vista Hermosa Cloverzone 15.
The impact caused Magdaleno Cruz Aguilar He was ejected from the unit and was subsequently run over, causing him to die at the scene. The images also show that the driver of the light vehicle tried to flee, but was detained meters ahead by the authorities.
As part of the legal proceedingsa judge on duty dictated lack of merit in favor of David Rolando Barrerabus driverconsidering that there was no cause or intention to run over the victim. In contrast, Oscar Humberto Cifuentesaccused of having caused the road incident, was linked to manslaughter trial and sent to preventive detention while the Public Ministry develops the research.
During the program Direct Impactof Guatevisionthe judicial resolution for the traffic accident that occurred was analyzed. The analysis addressed the criminal liability of the drivers involved, the refusal to take a breathalyzer test, and the risks of driving under the influence of alcohol.
Criminal liability and the breathalyzer test
During the analysis, it was explained that the judicial resolution responds to the principle of cause-effect relationship in criminal matters.
As stated, “Criminal law punishes the cause-effect relationship”hence the responsibility falls on whoever would have originated the sequence of events that ended with the death of the passenger.
Likewise, it was indicated that “the bus driver was not reckless, negligent or inexperienced” and that the maneuver carried out sought to avoid a greater tragedy after the collision caused by the car.
The panelists also noted that “The person directly responsible for the cause-effect relationship of the person’s death and injuries is the one who causes the collision and then runs away”a criterion that, as they explained, coincides with the judicial decision of granting lack of merit to the bus driver.
Another aspect addressed was the car driver’s refusal to perform the test. breathalyzer test and his subsequent transfer to a private hospital under police custody.
During the program it was explained that a traffic officer cannot force a person to take the test at the scene; However, a court order may require a sample of breath, blood or urine.
Furthermore, it was stated that “Refusing the breathalyzer test does not prevent alcohol consumption from being established”since the exams can be carried out later with judicial authorization.
The risks of driving under the influence of alcohol
The case also served to reflect on the consequences of driving under the influence of alcohol.
During the program it was noted that “many people are not afraid of punishment and continue driving because there is a perception of impunity”a situation that, according to the panelists, favors the repetition of traffic accidents with fatal consequences.
Likewise, emphasis was placed on the impact of problematic alcohol consumption and it was recalled that “Alcohol destroys homes, puts the life of the driver and other people at risk”by insisting on the importance of preventing this type of behavior to avoid new tragedies on the country’s roads.
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