Sanción pecuniaria para los conductores de vehículos de transporte público en estado de embriaguez

Traffic violations are punishable by deprivation of liberty, fines and reduction of points on the driving license, as follows in Art. 385 of the Code Integral Penal on driving a vehicle while intoxicated will be punished according to a percentage scale: such as whether alcohol per liter of blood is 0.3 to 0.8 grams, a fine of a unified basic wage of workers in general, the loss of five points to the driver's license and five days apply deprivation of liberty. If the level of alcohol per liter of blood is greater than 0.8 to 1.2 grams, a fine of two unified basic salaries of workers in general, loss of ten points on your driving license and fifteen days' imprisonment shall apply . And if the level of alcohol per liter of blood exceeds 1.2 grams, a fine of three unified basic salaries of workers in general, license suspension for sixty days and thirty days of imprisonment will apply. Sanctions for people in general, but the same rule of Art. 385 of the Code Integral Criminal notes for or the drivers of heavy commercial or cargo public transport light or tolerance to the consumption of any narcotic substance , psychotropic or preparation containing them is zero, and a maximum alcohol level of 0.1 grams per liter of blood. In case of exceeding this limit, the penalty will be responsible for the loss of thirty points on your driving license and custodial penalty ninety days without this provision fine point as in other cases. With no fine for these active individuals who commit such crimes, there is no reason not exist fine in these cases, existing in the preference law for some, that means violating the guarantee of formal equality, material equality as stated by the Art. 66 paragraph 4 of the Constitution of the Republic of Ecuador. It is necessary to put them fine drivers of public institutions and to transport human beings and commercial heavy burden, at least three unified worker generally referred to other cases prescribed in Article basic wages. 385 of the Comprehensive Organic Code Penal. There being a lack of proportionality in the imposition of the sanction, as determined by the 76 paragraph 6 of the Constitution of the Republic of Ecuador, of this inequality, while the civilian driver will take up to three unified basic salaries of workers generally fine, the driver public institutions and professional drivers of public transportation and commercial freight, zero fine, so that there is violation of the constitutional principle of equality.

• Автор: Dávila Loyola, Cintia Anabel (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2017
• Предмети: DERECHO; SANCIÓN PECUNIARIA; TRANSPORTE PÚBLICO; CONDUCTORES; ESTADO DE EMBRIAGUEZ
• Онлайн доступ: http://dspace.unl.edu.ec/jspui/handle/123456789/18875