The Audiencia Provincial de Almería has sentenced a young 25 neighbor years Olula River (Almería) for criminal injuries attenuated after drag with your car dealer for a pizzeria in the same location to avoid paying the order he had done and that he had been delivered through the car window.
The judgment of the Third Section, rejected the defendant's appeal and confirmed the judgment of the Court of Instruction No. 5 Almeria, in which he was also acquitted of an alleged crime of fraud. However, it imposes a sentence of fine for six months to six euros a day and compensation, which total payments 4.809 euros.
The court considers it proven that the defendant placed an order for a pizza when he was inside a vehicle located in the path of Huitar company of others in the past 3 December 2007 to 23,00 hours, so soon after appeared at the dealer place the order and proceeded to ship through the window on the driver's door.
Then, the defendant started the car and quickly left that place, but before the dealer grabbed the driver's window to recover the price. However and “assuming the consequences for the physical integrity of the dealer”, the defendant “continued driving with the vehicle” finally the victim was ejected and giving several somersaults, so was injured.
During the act of oral proceedings, The victim testified that the defendant's refusal to pay the order, optó to meter the hand to the ventanilla, so that was dragged. This version was also refuted by two witnesses who saw the dealer was dragged between 100 and 200 meters before he hit the ground and was assisted by two people.
So, the court considers that the defendant's conduct was directed to cause “harmful outcome” at all times, so it can not handle a question of reckless injury. “From the evidence produced in the case and assessed by the judge certainly shows that fraud, even if eventual, as anyone the possibility of injury if someone is subject to the car window and this starts a wild and hurried march represented”, the court said in its foundations.