Modificar el régimen penal de tránsito para quién conduce un vehículo automotor en estado de embriaguez y garantizar la seguridad vial ciudadana

In the current Curricular Integration Work entitled "Modify the criminal traffic regime for those who drive a motor vehicle while intoxicated and guarantee citizen road safety" a doctrinal, comparative and legal study was carried out motivated by the interest of analyzing alternatives to reduce the high rates of traffic accidents on Ecuadorian roads, since currently the violation of the citizen's right to road safety is evident due to the significant increase in road accidents that is disseminated through news and more information spaces that give us to know the harsh reality that our Ecuadorian state is going through, regarding the danger that protected legal assets face in the face of the irresponsible behavior of those who drive a vehicle while intoxicated. This social and legal problem arises due to the high negative impact and must be addressed from the roots, in some way we focus on the fact that the sanctions stipulated for this traffic violation are too light and permissive, it is not possible that at a higher level of alcohol lesser sanction, a reform must be carried out aimed at applying more drastic measures proportional to the level of alcohol, without focusing on the custodial sentence because it is of last ratio, but rather applying greater severity in the driver's license that qualifies the driver, this because it affects not only a group of people, but all citizens of Ecuadorian territory, who are exposed daily to the risk of becoming victims of traffic accidents. This social and legal problem arises due to the high negative impact and must be addressed from the roots, in some way we focus on the fact that the sanctions stipulated for this traffic violation are too light and permissive, it is not possible that at a higher level of alcohol lesser sanction, a reform must be carried out aimed at applying more drastic measures proportional to the level of alcohol, without focusing on the custodial sentence because it is of last ratio, but rather applying greater severity in the driver's license that qualifies the driver, this because it affects not only a group of people, but all citizens of Ecuadorian territory, who are exposed daily to the risk of becoming victims of traffic accidents. The state of drunkenness undoubtedly has a process, from ingestion of the alcoholic beverage to absorption in the stomach, evaporation and rises until it comes into direct contact with the brain, the individual experiencing a sensation of euphoria, exaltation and alteration. That is why we say that the person who drinks an alcoholic beverage and drives has a diminished ability to maneuver the vehicle when a risk situation arises that could cause a traffic accident, for example, according to the degree of alcohol ingested, regarding an excess, the drink prostrates itself in the parietal lobe and temporarily incapacitates sensitivity, that is, not to feel pain in the case of a blow, 6 much less to have the capacity to maintain a dialogue, if applicable, with a Civil Traffic Agent or National Police, his cognitive capacity is affected by the alcoholic beverage, due to this intoxication he is not in a position to control his reflexes while driving, since the person under these effects has erroneous or hasty thinking, producing alterations such as loss of fear resulting in equivocal self-confidence. Hence the problem of driving a vehicle while intoxicated represents an obvious danger or risk to the safety of all road users. Throughout the current research, this social and legal problem that we face as citizens was studied, which is not limited only to the local level, but traffic accidents with or without resulting in death are acquiring an increasingly greater impact at the national level, and even international. From this perspective, it is possible to analyze the repercussions that this phenomenon has had, the consequences faced by the victims of such accidents, who are in danger of losing their lives, or of suffering a disability for days or being a permanent disability that has an impact on his life project. It is important to highlight that the State plays a crucial role in mitigating and addressing this problem through the implementation of public policies to sensitize the driver of the damage that they can cause when carrying out said action, by failing to comply with their objective duty of care, however, the situation has exceeded the capacity of the authorities and that is why the significant accident rates are evident. In this vein, contributing to the Ecuadorian authorities with ideas for sanctions and driver education is our responsibility as legal scholars, in this way we collaborate to provide solutions to the problem for the benefit of all road users, since we are all citizens who live the shocking harsh reality directly. Although there is legislation stipulated in article 385 of the COIP, which penalizes drunk drivers, currently it has not been sufficient or does not have the intimidating effect much less sanctioning effect, in other words, traffic accidents are evident in the number of sanctioned either for being a frequent or first-time offender, in this case it is also seen that the greatest number of sanctioned is stipulated with a higher rate in numeral 3 ibidem, and if we realize in this numeral there is a simple sanction of suspension of 60 days, there is no severity like the reduction of points and therefore canceling a pecuniary sentence is simple, and if we talk about a custodial sentence, it is not applied in its entirety due to its ultima ratio nature. The current problem generates a lot of insecurity and from there arises the need to address the problem that stops the percentages of traffic accidents, this Curricular Integration Work aims to offer solutions or alternatives that the members of the National Assembly can consider to 7 promote a safer environment. For greater support and to make known the results of this research, we allow ourselves to use and apply materials such as physical and digital bibliographic sources integrated within the theoretical framework and which are evidenced in the citations and bibliography. In addition, various methods were used to carry out this research, among which the scientific, inductive, comparative, hermeneutic and maieutic methods stand out. Likewise, field techniques such as surveys and interviews with legal professionals specialized in traffic matters were used, which allowed the reform proposal to be founded through a legal and comparative analysis, as well as the case study that supported the research of the problem associated with those who drive a vehicle while intoxicated.

• Autor principal: Jumbo Jumbo, Daniela Elizabeth (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2024
• Matèries: DERECHO; TRANSITO; VEHICULO; DERECHO PENAL
• Accés en línia: https://dspace.unl.edu.ec/jspui/handle/123456789/30095