He reckless driving crime violates road safety and is committed by those who drive a vehicle recklessly. This situation endangers the life or integrity of people.
The current Spanish Penal Code regulates a set of behaviors and crimes in the field of motorized traffic. Classifies as crimes against road safety those actions with significant criminal consequences. They highlight the custodial sentences and deprivation of the right to drive. Motor vehicles and mopeds.
Reckless driving offense in the Penal Code of Spain
The last penal code reform implemented by Organic Law 15/2007 expanded the criminal typology of reckless driving. New specific cases of behaviors that could give rise to the reckless driving crime.
Careless driving endangers road safety and the health and physical integrity of people. He reckless driving crime It is none other than reckless driving in a way that puts life at risk.
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He reckless driving crime is a clear example of so-called dangerous crimes. To be punishable, the behavior does not have to cause injury or death to one or more people,
In this case, it is enough to endanger the legal assets protected by this crime. These are conceived through life o the physical integrity of people in terms of trafficking.
The typical behavior of this crime can develop in two ways, in addition to that provided for in article 380. The cases of driving that also manifest contempt for life in article 381 are added.
Crime reckless driving with contempt for life
Driving a vehicle with obvious recklessness or apparent to the average person. If a concrete danger to the physical integrity It is the classic type of crime.
This conduct is punishable by imprisonment from six months to two years and the withdrawal of the driver's license for a period of one to six years.
The penalty for unauthorized driving may be increased in accordance with the provisions of article 381 of the Penal Code.
He is sanctioned with a prison sentence of two to five years, a fine of twelve to twenty-four months. The deprivation of the right to drive motor vehicles and mopeds from six to ten years
When your life obviously disrespects the physical integrity of others before a reckless driving offence.
If life or property is not specifically compromised well-being of people, prison sentence of one to two years. The fine is six to twelve months and deprivation of the right to drive.
Acquisition of other crimes before reckless driving
Judges and courts will punish those responsible for the reckless driving applying the punishment more severely. This according to what is established in precept number 382 of the penal code.
When the facts sanctioned in articles 379, 380 and 381 determine, in addition to the aforementioned risk.
In the face of a constitutive harmful result, whatever its severity, the Judges or Courts will only evaluate the most severely punished crime. The penalty will be applied in its part more than half plus the compensation for any civil liability.
When the harmful result coincides, the penalty of deprivation of the right to drive. Especially with motor vehicles and mopeds provided for by this precept.
Reckless driving is the act of driving that endangers the integrity of road users. Participating in illegal races or driving without a driver's license is included in articles 380 and 381 of the Code.
You have to differentiate the driving reckless of driving negligent, the latter considered a not very serious crime. Where whoever drives without proper care and sanctioned with a fine of 200 euros will be penalized.
The negligent driving does not imply the loss of points, but a fine of 200 euros. If in this driving process other users are endangered, we are talking about a case of reckless driving.
Reckless driving occurs when there is a negligent driving action that endangers the lives of others.
Reckless driving crime levels in Spain
It must be taken into account that the reckless driving involves different levels. It is possible to find an administrative penalty for reckless driving.
This means a fine of 500 euros and the loss of 6 points from the card. In second grade it will be a driving reckless criminal that goes from the administrative.
The sanction for crime has a prison sentence of 6 months to 2 years, a fine of 6 to 12 months. It talks about the deprivation of the right to drive for a period of more than one year and up to 6 years.
In older people it can happen that they find themselves with a driving aggravated reckless. When a manifest contempt for the life and integrity of other users is expressed.
In this case, the prison sentence becomes between 2 and 5 years, a fine of 12 to 24 months. The right to drive will be deprived for a period of 6 to 10 years.
To better distinguish between Reckless administrative driving and criminality. It must be borne in mind that administrative offenses endanger others.
Crime of reckless driving with added means
Section 2 of article 380 regulates driving with presumed recklessness. Under which it is considered reckless driving consent to certain conduct.
Driving at a speed greater than sixty kilometers per hour than the allowed legally on the tracks These will be urban or eighty in the interurban.
drive with a alcohol level greater than 0.60 milligrams per liter in exhaled air or 1.2 grams in the blood.
In these cases it is not necessary to prove the specific situation of danger. The behaviors themselves already pose a serious danger to the security road, and are punished.
Article 381 of the penal code establishes a qualified classification of reckless driving offence. Where is the element of manifest contempt for the lives of others.
This infringement It does not consist only of reckless driving, but is reserved for cases of extreme gravity. It is assumed that it not only endangers life, but that it produces a harmful or harmful result.
