The Superior Court of Justice of Madrid (TSJM) has increased the sentence imposed on a driver who in June 2020 threatened a motorcyclist for wearing gloves with the Spanish flag.
This is stated in a ruling, to which Europa Press had access, in which the magistrates of the Madrid High Court consider an appeal filed by the Madrid Prosecutor's Office and by the private prosecution against a sentence handed down last May by the Provincial Court. of Madrid that sentenced the accused to a one-month fine.
The events that are the subject of the procedure occurred on June 8, 2020 when the accused was driving along the Gran Vía de Hortaleza towards the M-30, observing a motorist who was wearing gloves with the Spanish flag engraved on them.
Almost invading his lane, he told him: "Your flag disgusts me, I'm going to run over you." Already at a traffic light, the motorist left the vehicle and asked the accused for explanations, who told him that he "had to have run over him because he was Spanish."
The lower court ruling punished the defendant as the perpetrator of a minor crime of threats with the mitigating circumstance of undue delays, without appreciating the aggravating circumstance of ideological discrimination. Now, the TSJM revokes said resolution and agrees to increase the sentence to a three-month fine upon appreciating the aforementioned aggravating circumstance.
The magistrates understand that there is no doubt that the accused acted motivated by his aversion to an ideology that he considers "right-wing", which is why he insists that there is no other motive since the driver did not know the motorcyclist.
