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| Valencian Comunitat |
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SENTENCE
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| They acquit to a conductor ebrio of a crime of tr?co
because it went with the dull motor |
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The Hearing considers that it is not a crime because the
law demands veh?lo driven
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R. Lagoon, Valencia
The Hearing of Valencia has acquitted to a conductor
who circulated ebrio around the avenue of the Port doing zigzag and
with the dull motor taking advantage of the slope the track, when
considering that the Penal C?go speech of a crime against the security
of tr?co when veh?lo is conducted driven. Of this form, the
secci?primera accepts its resource partially although it follows
conden?ole by the disobedience crime the agents of the authority,
since neg? to raise the police car.
The facts go back to the 8 of June of 2006, when, on the 23,15
hours, Alexander To Or pushed their car by the central track of the
Avenue of the Port of Valencia, taking advantage of the slope, and
poni?ose to the steering wheel was introduced in its interior.
With the dull motor it was circulating around v?haciendo the
zigzag and invading alternatively the tracks located to right and left
of the central track. It was then when it was intercepted by
polic? that it gave to the hab?bebido stop and constat?ue him.
Alexander To Or ten? aspecto lowered, breath alcoh?co,
sudoroso and congested face, eyes watery and reddened, pupils expanded
and without reacci?a the light, doughy, confused and incoherent
speech, excited, loquacious and offensive attitude, disordered and
dirty clothes, and to walk and to turn vacillating.
The agents invited to him to practice a test of alcoholemia and
gave positive of 1.30 mil?amos of alcohol by liter of expired air.
El tourist of the Caba.
When they tried llev?elo to comisar?para another test, cogi?na
broad of beer and comenz? to drink neg?ose to being transferred
while DEC? Soy the tourist of the Caba? and distribution
cakes like a baker. To m?o me v? to joder. M?ni God
car of those raises to me puto.
The court of first instance conden?or him a crime of
disobedience and another one against the security of tr?co to a fine
of 9 months, and a?y two months of privaci?del carn?e to lead.
The judge consider?ue was crime because she went to the control
of veh?lo.
But for the court of the Hearing, the Penal C?go establishes
that there is crime if veh?lo to motor is conducted, y that
conducci?no can take place if veh?lo does not move driven by its
motor.
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