Supreme Court of Appeals (TS) approved the sentence four months suspension from work To a plainclothes security guard at Alicante airport who left his job three hours before the end of his shift after getting drunk and claimed he wasn’t technically working drunk because he decided to quit.
The incidents occurred on May 1, 2021, during the duty assigned to him in the Finance Detachment. Alicante Command Airport Division Between 15:00 – 23:00.
At around 20:00 in the evening, a police officer saw that civil guards he wasn’t in his positionSo they searched for him all over the airport, including the restrooms, and even called his phone, but to no avail.
Considering this situation, security camera footage was reviewed, from which it could be confirmed that the convict left the airport in his private vehicle at 20.13.
The civil guard was found in his vehicle, dressed in uniform, by a citizen who called 112 from Paseo de El Rebolledo, so he was taken to the airport and searched there by an armed institute patrol. Breathalyzer test came back positiveSome eyewitnesses stated that he “showed signs of drunkenness” that day.
The Central Military Court approved the disciplinary sanction of four-month suspension from work. very serious mistake It consists of “serving while drunk”.
The agent then appealed to the Supreme Court, arguing that from the proven facts of the sentence, it was “objectively clear” that he was “not on duty when the consumption of alcoholic beverages and its aftermath and sudden intoxication occurred.” had abandoned and so, if he wasn’t at work, he technically wouldn’t be serving while intoxicated.
However, the Military Chamber recalls: working hours It was from 15.00 to 23.00 that day, “the absence of service did not relieve him of the burden of provisions for all hours.”
And given that he was found drunk before finishing his day, the agent was “proven beyond a reasonable doubt.”He became drunk during the time he had to perform his service“.