Por Redaccion 
A defendant in a traffic accident that occurred in April 2021 in Oviedo, which resulted in one fatality and several injuries, including a child, has accepted a 4-year prison sentence, to be commuted to internment for the same period of time in a center for alcohol and drug addiction treatment, and a 6-year suspension of her driver’s license.
The trial concluded on Friday at Penal Court No. 3 in Oviedo, and the judgment is pending only concerning the civil liability arising from the incident.
The defendant (born in 1972) was driving a Peugeot 307 around 8:15 p.m. on April 9, 2021, on the AS-371 road towards Escamplero (Oviedo). She had a male passenger with her.
Upon reaching kilometer 7.350, on a left-hand curve with a no-overtaking restriction – both vertically and horizontally marked – and a speed limit of 50km/h, the defendant, impaired by previous alcohol consumption, attempted to overtake the vehicle in front.
At that moment, a victim driving a BMW 330 in the opposite lane was approaching correctly. Due to poor visibility in the area, the victim could not see the defendant’s car and, despite trying to avoid it, both vehicles collided.
Earlier, the defendant, upon seeing the victim’s car and trying to avoid a collision, attempted to return to her lane. However, as she had already started the overtaking maneuver, she struck the car she was passing, a Honda Civic.
As a result of the collisions, the defendant’s vehicle overturned on its side in the left lane, partly obstructing the road and partly the shoulder.
The fire department had to intervene to rescue the defendant and retrieve the body of her companion, who died from injuries sustained in the accident.
Additionally, the BMW driver sustained injuries that took 15 days to heal, with no lasting effects (only medical assistance was required). The BMW driver has waived any civil and criminal claims that may apply.
Another victim in the BMW, who recovered from injuries in 15 days without lasting effects (only medical assistance was needed), and their 8-year-old son, who suffered multiple injuries and required physiotherapy, were also in the car. They have also waived any civil and criminal claims.
The Honda Civic driver was unharmed and has renounced any civil and criminal actions. Traveling with them was their spouse, who recovered from injuries in 30 days with no lasting effects (only medical assistance) and renounced any civil and criminal actions. They required rehabilitative medical treatment.
Following the accident, the defendant was taken to HUCA, where a blood sample was taken at 9:27 p.m., revealing a blood alcohol level of 200mg/dl. The incident was deemed to constitute reckless driving, driving under the influence of alcohol above the legal limit, manslaughter due to gross negligence, and two counts of reckless injury.
After admitting to the charges brought by the Asturias Prosecutor’s Office, the defendant accepted a 4-year prison sentence, disqualification from voting rights during the sentence, and a 6-year ban on driving motor vehicles and motorcycles.
The prison sentence will be commuted to internment for the same period in a center for alcohol and drug addiction treatment, where she has been since the accident. This condition is contingent on completing treatment and not committing any offenses for 4 years. Failure to comply will result in serving the sentence in a penitentiary facility, in addition to covering legal costs.
Regarding civil liability, the Public Prosecutor’s Office requests that the defendant compensate the injured child with 465.72 euros, pay the fire department for intervention expenses, and reimburse the Sespa for medical assistance provided to the injured parties, plus applicable legal interest. The defendant’s vehicle insurance company will be primarily responsible for these amounts, with the car owner being liable as a secondary party.