1 Decree No. 371 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Decree legislative number 1030, dated April 26, 1997, published in Official Journal No. 105, vol. No. 335, dated 10 June of the same year, the criminal code was issued.
II.-that is common to the occurrence of traffic accidents where involved vehicles of collective transport or heavy load, in which drivers are, in the majority of cases, responsible for these events, leaving as a result multiple injured and often dead.
III. that by means of Decree legislative number 393, dated July 28, 2004, published in the Diario official No. 143, dated July 30, 2004, was incorporated as the reckless driving of Motor vehicle crime.
IV.-that the reckless driving of the Motor vehicle, has become one of the main causes of accidents; putting in danger, life and integrity of persons, so it is necessary to amend article 147 - E of the Penal Code, and establish a heading appropriate to it, making distinction between dangerous driving of motor vehicles causing an abstract danger and causing a hazard namely sanctioning the latter with greater term of imprisonment.
V that the object of such modification is to prevent that you put in danger the life and integrity of persons by means of appropriate penalties to the legal reality of the country.
Therefore, use of his constitutional powers and at the initiative of MEPs: José Antonio Almendáriz Rivas, martyr Arnoldo Marin Villanueva, Douglas Leonardo Mejia Aviles, Rodolfo Antonio Parker Soto, Mariela Pena Pinto and the exdiputados of the periods: (2009-2012) Miguel Elías Ahues Karra, (2006-2009) Federico Guillermo Avila Quehl, Fernando Alberto Jose Avila Quetglas and Renato Pérez.
DECREES the following: reform to the code PENAL Art. 1.-reform the heading and article 147-E, in the following manner: "dangerous driving vehicles Art. 147-E-which by dangerous driving of a motor vehicle should transgress the rules of road safety, endangering the life or physical integrity of persons, shall be punished with 2 term of imprisonment of one to three years."
For the purposes of the preceding paragraph, constitutes dangerous driving, disputing the way between vehicles or perform speed competitions in public, without the prior consent of the competent authority. Also constitutes dangerous driving, driving a motor vehicle while intoxicated according to the limit set by law or under the influence of drugs.
When consequence of dangerous driving of a motor vehicle, it would result in wrongful or negligent injury, the penalty for such offences will be increased to one-third of the designated maximum.
The penalty shall be three to five years in prison, in the case of dangerous driving of motor vehicles of public transport of passengers or cargo.
Also shall be the penalty of deprivation of driving law, or obtaining the respective licence for the same prison term.
Article 2.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the nine days of the month of may of the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
3 FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the three days of the month of June of the year two thousand thirteen.
Publish, Carlos Mauricio Funes Cartagena, President of the Republic.
José Ricardo Perdomo Aguilar, Minister of Justice and public security.
D. OR. Nº volume 102 No. 399 date: June 5 2013 SV/adar 11-07-2013 legislative index