Desproporcionalidad de la sanción prevista para el delito tipificado en el art. 126 de la ley orgánica de transporte terrestre, tránsito y seguridad vial frente a las circunstancias de la infracción y los resultados de la misma y la consecuente necesidad de endurecer la penas para ese delito

The country has a culture of disrespect for the Law of Land Transport, Traffic and Road Safety and Regulations, which is why I propose the reform so important and crucial to the legal problem called "Disproportionality of the penalty provided for the offense under art. 126 of the Law on Land Transport, Traffic and Road Safety deal-ing with the circumstances of the offense and the results thereof and the consequent need to toughen penalties for that offense "it is founded on the need for tougher pen-alties traffic offenses specifically defined in section 126 of the Act which states: "Whoever driving a vehicle while intoxicated or under the influence of drugs or psy-chotropic substances, thereby incur a traffic accident that may result from one or more people dead shall be liable to ordinary rigorous imprisonment from eight to twelve, final revocation of the license to drive and fine equivalent to thirty (30) Basic earnings unified worker in general. - In the case of public transport, over the penalty provided in the preceding paragraph, shall be jointly liable for civil damages transport operator and vehicle owner. In this case, the quota will be removed from the vehicle and the operator shall be punished with up to 60-day suspension of its operating license, and in accordance with the law. " It is noteworthy that the sanction of the aforementioned offense is not exemplary, because the person who commits this crime as it reads the article and prescribed be-comes a common criminal, a murderer, it does so with malice aforethought because he knows he does not have to drive intoxicated or having used psychotropic sub-stances, this has materialized daily both at national and local level with a high rate of traffic accidents, but so far can be displayed behavioral changes in Ecuadorian socie-ty, despite the tremendous efforts made by the State in an attempt to improve this social behavior, social behavior this leads us to confront a reality that it has a high mortality rate as a result of traffic accidents, this irresponsibility, my proposal is hardening of the extraordinary worth applying rigorous imprisonment from 12 to 16 years, I know this is not the solution, but the driver or the driver will think a thousand times, this is a cry of Ecuadorian society. The development of the propose disuse of the problem of the Organic Law of the Land Transport, Traffic and Road Safety, in which the sanction of Article126 of the aforementioned body are not sticklers are not copies, is why the drivers are drunk or psychotropic substances consumed when they please, regardless of the pain of the families of the victim; This analysis includes the study of the problem, the same one that comes under the Constitution of the Republic of Ecuador, in the statistical data, it executes justification in the social, legal, also in the specific overall objectives, conceptual framework,doctrinalframework,legalframework,intheinductive-deductive, analytic, synthetic, scientific methods.

• Päätekijä: Abalco Navas, Manuel Rodrigo (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2014
• Linkit: http://dspace.unl.edu.ec/jspui/handle/123456789/15490