The court, in its Second Section, rejected the appeal filed by the private prosecution, which sought an increased sentence. This decision ratifies the initial judgment issued by Criminal Court Number 5 of Almería.

The tragic events occurred on May 16, 2024, around 8:00 PM, on an urban road in Macael with a speed limit. The driver was operating a moped without insurance and had never obtained a driving license.

According to the ruling, the accused exceeded the 30 km/h speed limit and was driving recklessly. At that moment, several vehicles were stopped to allow two minors to cross. The driver overtook three stopped cars at high speed in the left lane, hitting an eight-year-old child and their sister who were correctly crossing at the pedestrian crossing.

After the impact, both the minor and the moped were projected approximately 26 meters from the collision point. The child died as a result of the blow, while their sister did not suffer serious injuries. The driver immediately fled the scene after the hit-and-run, being located and arrested about six hours later at their home.

Tests conducted after the arrest detected the presence of THC, cocaine, and benzoylecgonine in the accused's system. The Court has confirmed a three-year prison sentence and a four-year driving ban for a crime against road safety in conjunction with negligent homicide. Additionally, two more years of prison and a two-and-a-half-year driving ban are imposed for abandoning the scene of the accident, along with a fine for driving without a license. The convicted individual must compensate the victim's parents and sister as stipulated in the sentence.