Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This research presents a critical legal analysis of the judgment issued in Case No. 17460-2020-00926 by the Quito Traffic Judicial Unit. The case concerns the offense of causing death while driving under the influence of alcohol (Art. 376 of the COIP), resulting from a rear-end collision on the Ruta Viva Avenue. The central legal issue lies in the assessment of the objective duty of care and the determination of comprehensive reparation, given that the defendant did not hold a driver's license and had a blood alcohol level of 1.88 g/l. The methodology employed is qualitative with an analytical-dogmatic approach, based on a review of current criminal regulations, legal doctrine, and case law applicable to the causal link in traffic accidents. Key findings include the application of aggravating circumstances and the calculation of comprehensive financial reparation for the victim's heirs and the owner of the affected vehicle, utilizing the Labor Code as a supplementary legal standard. The study concludes that the judgment upholds the defendant's criminal liability based on expert evidence regarding accident reconstruction and blood alcohol levels, thereby setting a precedent for the rigorous protection of the legal interest of road safety. Judgment date: November 20, 2020. Judge: Dr. Galecio Alexander Luna Santacruz. Offense: Art. 376 COIP (Death caused while driving under the influence) + Aggravating circumstance under Art. 374, item 2 (Driving without a license)