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Author: legalist

A hit-and-run legal penalty for a car accident?Think if no one gets hurt, leave the scene, do you touch the law?
Today’s question about road traffic @issue is about “how to identify the illegal elements of a hit-and-run after driving a car on the road and riding a locomotive in a car accident?”Does it take the law to leave the scene casually when you identify as a non-perpetrator?
Legal definition of hit-and-run
According to the 第185-4条 of the criminal Law of the Republic of China, we can know that the law of hit-and-run is defined as “driving a power vehicle, causing death, injury and escape.””In other words, as long as a person dies or is injured in a car accident, the vehicle driver’s departure from the scene can be considered a hit-and-run.
Is the determination of “hit-and-run” related to the “liability for the accident”?
According to the judgment of judicial practice, “the legislative intent of the crime of hit-and-run is to punish the motorists who escape after the accident, so as to maintain traffic safety, strengthen the rescue, reduce the death and injury of the victims, and promote the immediate rescue of the victims or other necessary measures after the accident, so as to reduce the unnecessary casualties caused by the delay Therefore, the establishment of the crime only with the perpetrator has the driving force of the vehicle accident, causing death and injury and escape of the fact that the perpetrator has no fault about the accident and the reasons for his departure, it is not asked.”In other words, as long as there is a car accident, whether or not they have responsibility for the accident, they have to stay at the scene and send the injured to medical care, otherwise it may constitute a crime.”
However, the frequent controversy is that no one was injured or killed after the crash, at which point the crash driving away is a hit-and-run?
Although the traffic accident case of damage to the vehicle is not in accordance with the requirements of the criminal law 第185-4条 “the crime of hit-and-run”, but according to the Road Traffic Management Penalty Ordinance 62nd, item 1th, “car driver driving a car accident, no one injured or killed without the required disposal, NT $1,000 or more 3, A penalty of absentia of less than 000 yuan; The getaway and suspended his driving licence for 1 months to 3 months.”There is also no statement that the link is related to the liability for the accident, and invoking is still likely to be punished for breaching the rules.
Penalty and penalty for “hit-and-run”
The criminal Law of the Republic of China 第185-4条: “Driving power vehicles, causing death, injury and escape, for more than 1 years and less than 7 years of imprisonment.”」
Road Traffic Management Penalties Ordinance 62nd, item 1th: “A car driver who is involved in a car accident, no one is injured or dies and who has not been disposed of in accordance with the provisions of NT $1,000 and above 3,000 yuan is fined absentia; the getaway person, and suspended his driving licence for 1 months to 3 months.”, in the same article, item 4th:” If the driver of the preceding motorist causes injury and escapes, revoke his driving licence, and the fugitive who causes serious injury or death, revoke his driving licence and shall not be admitted again. “」
2019 年 1 月 15 日
What is the penalty and the amount of fine for unlicensed driving of an adult or underage under the age of 18?
The question of road traffic @issue today is about “the penalties and the amount of fines for unlicensed driving of adults or minors under the age of 18”.」
According to article 21st, item 1th, of the regulations on Road Traffic management Penalties of the Republic of China, motorists who are in one of the following circumstances are required to impose a penalty of absentia of NT $6,000 or 10,002 under 000 yuan and to prohibit them from driving on the spot:
- Driving a small car or machine bike without a driving licence, the same is the same for those who have their driver’s license revoked.
- A teenager or a young girl under the age of 18 who violates the requirements of “driving a small car or locomotive without a driving licence” or “driving a small car or locomotive with a forged, altered or blindfolded driving licence”, a car driver and his legal representative or guardian shall also apply road traffic safety workshops.
In addition, the Road Traffic Management Penalties Ordinance 21st 1, item 1th, provides that motorists driving connecting cars, buses and lorries, in violation of the requirements of “driving without a driver’s license”, the owner of the car and the driver of NT $40,000 or more under 80,000 yuan are punished absentia and are prohibited from driving on the spot.
2019 年 1 月 15 日
How can licensed abandoned vehicles be stopped by the roadside?What will the police do with it?Drag the crane?Scrap?
Today's question about the @issue of cars and locomotives is about "how can a licensed abandoned vehicle, which is common in the roadside and free parking, be reported?"What will the police do with it?Drag the crane?Scrap?」
According to section 2nd of the "Benchmarks for the identification of abandoned vehicles and the handling of inspection reports", any person occupying a road vehicle shall be deemed to be an abandoned vehicle in one of the following circumstances:
- A vehicle abandoned in writing by the owner or his agent.
- The vehicle body is dirty, corroded, damaged, the appearance of the obvious loss of original utility vehicles.
- The accident car and the disintegrating vehicle that lost the original utility.
- Other vehicles that meet the basis of the announcement of the relevant authorities by the Central Environmental Protection Authority.
Suspected licensed abandoned vehicles on long-term parking roads can be reported to the district branches of the police station or through the "1999 Civic hotline in the cities.
Upon receipt of the notification, the police will send a member to clear the owner of the standard inspection report according to the preceding paragraph to clean up, if the owner has not dealt with it more than 7th, the EPA will be informed to remove the towing to the towing vault waiting for the owner to collect it.
2019 年 1 月 15 日
By the police to open orders, traffic violation complaints process and procedures?
Today, the problem of road traffic @issue is about "on the road to ride locomotives, driving cars by traffic police to open orders, traffic violation complaints process and procedures?"」
To submit the traffic violation complaint process and procedures to the supervisory authority, the following documents shall be inspected, including:
- Original notice of traffic violation;
- (a) the complaint (stating the reasons, name, contact telephone number and address, if the person who is not disciplined, shall be accompanied by a power of attorney of the disciplined person);
- To present its opinion to the premises or raise authorities in person, by post or by fax.
If the result of the complaint is not contested, an administrative proceeding shall be brought before the administrative Chamber of the Court of competent jurisdiction, for the relief of the same period of 30th after the receipt of the award for service.
2019 年 1 月 15 日
How to distinguish the size of accident liability when there is a traffic accident at the intersection of the fork?
Today, the @issue of road traffic is about "traffic accidents at the intersection of intersections, how to distinguish the size of accident liability?" 」
The distinction of responsibility for traffic accidents should be based on the size of road traffic safety rules, according to Regulation 102th
1. When a car travels best friend a fork in the road, it should abide by the direction of the light sign or the command of the traffic conductor, and when the command of the traffic conductor and the light number are used, the command of the traffic commanding officer shall prevail.
2. A fork in the road where there is no sign or log failure without the command of a traffic conductor:
  - Feeder lanes should be suspended to allow trunk lanes to advance.
  - No logo, marking or sign division of dry, Feeder road, less lane should be suspended to let the multi-lane first.
  - The number of lanes is calculated to enter the lane of the intersection, including the fast lane, the slow lane, the left and right lane, the special lane of the vehicle type, the locomotive priority road and the transfer lane.
  - However, as indicated in circular No. 0990027472 of the Ministry of Transport of April 22, 99, the calculation of the number of lanes is based on the actual lane of the driver's driving direction into the fork in the road, rather than on the two-way lane of the roads as the calculation range.
  - When the number of lanes is the same, the turning car should be suspended for direct driving, and the same for direct driving or turning cars, the left side of the car should be suspended to allow the right side of the car first.
  - When traffic congestion, the two-way vehicle with the other side should be suspended in front of the stop line for mutual comity, interactive rotation.
In addition, in the event of a traffic accident, if the main road car is still far from the junction, the road car has entered the junction only by the trunk road car collision, whether the responsibility is after entering the junction of the main road car larger?
According to the No. 06726 letter of the Highways Department of the Ministry of Transport on the August 21, 69, the feeder road is required to suspend the priority passage of vehicles on the main road, and when it is safe, it is necessary to turn into the main road or go straight through the main road, and no trunk road is 50 or 100 meters away from the intersection. , the road car can be exempted from its preferential access provisions.
As a result, the road car collided with the trunk truck, still not allowed to enter the junction because of the their precursors, and claimed responsibility to enter the junction of the trunk road car.
2019 年 1 月 15 日
How will it be punished for being caught in a drink-drive?What is the penalty?
Today's question about road traffic @issue is about "how will the police be punished for riding a locomotive, driving a car and drinking?"What is the content of the penalty?」
According to article 35th of the latest Road Traffic Management Penalties Ordinance 107 of the Republic of China, the penalties for driving (including automobiles and locomotives) in excess of the prescribed standard are as follows:
1. No accidents: NT $10,005, 000 yuan or more under 90,000 yuan penalty absentia, suspended driver's license for 1 years, and the transfer of vehicles.
2. Children under 12 years of age or injured in the accident: NT $10,005, 000 yuan or more under 90,000 yuan penalty absentia, suspended driver's license for 2 years, and the transfer of vehicles.
3. Causing serious injury or death: NT $10,005, 000 yuan or more under 90,000 yuan penalty absentia, revocation of driver's license, transfer of vehicles, and can no longer be tested.
4. Motorists who drive business buses revoke their driver's licenses.
5. If the alcohol concentration exceeds the standard, the person involved in the accident and carrying a child under the age of 12 is doubled according to the period of his suspended driver's license.
6. More than 2 times in 5 years: 90,000 yuan penalty absentia, move the vehicle, revoke the driver's license.
7. Refusing to accept alcohol concentration tester: 90,000 yuan penalty absentia, transfer vehicle, revocation of driver's license and road traffic Safety workshop.
8. Driving a car through a police department with a notice to enforce the ban on drink-driving service premises, do not follow the instructions to stop for inspection: 90,000 yuan to absentia, the removal of vehicles, the revocation of driving licence and road traffic safety lectures.
2019 年 1 月 15 日
The difference between a driver's license revocation and a driver's license suspended?
The question of road traffic @issue today is about "what is the difference between the two legal terms" driver's license revocation and driver's license suspended? "」
Driver's license revocation
"Revocation" of a driver's license means that the driver's license is cancelled and the vehicle may not be driven during the cancellation period, after which the period must be re-tested before driving again.
Driver's license suspended
"Suspended" driver's license, refers to the driver's license is withheld in the supervision authority, such as the expiry of the retention period can be recovered.
2019 年 1 月 15 日
Inbound Epidemic Prevention!Simple classification of animal and plant product control
The recent spread of African swine fever and Japanese swine fever in mainland China has led China to strengthen its advocacy to ban the carrying of pork and its processed products into the country, and to strengthen animal and plant epidemic prevention work in the Customs channel and increase the amount of punishment.However, as early as December 25, 95, the Executive Yuan has sent a letter to the Agriculture Committee requesting that in order to safeguard the health of the people, protect the domestic ecology and the needs of epidemic prevention and quarantine, it is necessary to restrict inbound passengers from carrying animals and plants and their products on the basis of January 1, 96, and to do so in accordance with the instructions.
The following three key points are mainly highlighted in the official letter “No. No. 0950094817 of the Court”, which includes:
- Requests the Civil Aviation Bureau of the Ministry of Transport to co-ordinate the broadcasting of inbound airlines on board the aircraft and to ask the aircrew to inform inbound passengers that those carrying flora and fauna and their products should complete the customs declaration form and inspect the customs clearance through the red Line counter.
- The Agricultural committee of the hospital is requested to coordinate the Taoyuan International Airport Air Station and, without affecting the movement of passengers, to set up abandoned boxes for agricultural and livestock products, and to actively dispose of the animals and plants and their products brought in by the inbound passengers.
- The Agricultural committee of the hospital is requested to move the quarantine operation counter to the vicinity of customs clearance cabinets to facilitate the implementation and coordination of quarantine and preventive operations and customs inspection.In order to enhance the effectiveness of implementation, the Ministry of Finance is requested to coordinate customs officers with the quarantine detection Dog team of the animal and plant epidemic prevention and Quarantine Bureau, and to jointly carry out the verification of the carrying of animals and plants and their products by inbound passengers at the Customs clearance Office and the Customs Inspection cabinets
In addition, an official document providing a list of animals and plants and their products to control inbound passengers can be used to identify, on a large scale, which animal and plant products are prohibited from carrying entry, and passengers can also use them to quickly check the availability of related products in their carry-on or checked baggage, including:
- Living animals and their products.
  - Exclusions: dogs, cats, rabbits and animal products that comply with the regulations for the prevention and control of animal infectious diseases.
  - After drying, processing modulation of aquatic products.
- Living plants and their fresh products.
  - Exclusions: Those who comply with the provisions of the phytosanitary Law on plant epidemic prevention.
- Fresh fruit.
2018 年 12 月 26 日
Why are legal people and lawyers not fit to govern in government?
The question of today’s micro-political @issue is about “why are legal people and lawyers not fit to govern in government?”」
It is good for legal people and lawyers to only assist in the functioning of government functions, because the government is originally based on the rule of law.
But the legal people themselves in power will have a big problem, they are good at looking for loopholes within a framework and rely on rules to attack, so the legal person’s election power has always been first-Class!
But the legal people are unable to create trends, so their political views are usually vague.
And this creativity does not exist from the beginning, otherwise they will not go to the law department.
Even if there is a good wen Gall and research team in the back of the knife, and finally because the upper after the power of the heart, as well as with the various forces of the careful struggle, the end of the birth of a four different monster.
Well, as for the love of the wind, holding the thighs of the red lawyer, or everywhere looking for something to make a foot of the legal person, it is neither creativity nor attack power, I do not even bother to mention.
2018 年 12 月 23 日
Why is the hospital a consortium without paying taxes?The consortium will be unrighteous!
With Evergreen hospital popping up the conflict between emergency physicians and the hospital, some people began to want to review "Why is the hospital a consortium without paying taxes?""This topic.Because this involves the public welfare of the Consortium and accounting law and other issues, I do not know very well, but I do not intend to talked, but I am equally puzzled, why some people do not know more than I, but can firmly point to the consortium nose scolding the base? Because of the lack of an early medical environment, the government has given many concessions (such as exemption from business tax, exemption from land premium tax, duty-free premises for charitable purposes, and more than 60% of the expenditure ratio of medical social services to the establishment of legal persons, the savings of which are exempt from tax, etc.) to enable the consortium to invest funds in the construction To maintain the medical health of the people in all regions. But don't forget that hospitals themselves have pro bono values (such as being under government command or having a responsibility to save lives in the event of an emergency), and that medical research requires a huge amount of money, and the cost of equipment depreciation is greater than in other industries (I used to help the clinic repair the blood test machine, the cost price of supplies 0.5 yuan, Our company directly quote 10,000 yuan) and other reasons, if you want to talk about why the hospital does not have to pay taxes, first ask us whether we want to charge the country small, the country. Well, but in recent years, in the social atmosphere of Taiwan's anti-consortia, no one is in charge of your past.The consortium will be unrighteous! Of course, the personal income tax of physicians and nurses is currently levied separately on this point, and I have no problem at all!However, this tax should also be included in the hospital tax records in order to reflect the real financial situation, otherwise the results of the operation of the heart can easily be injustice by the medical hospital, for example, several media outlets in the past few days for a certain one or two specific hospitals, accusing them of not having to pay taxes at all, this is a lie. Wait, I heard that the first Massachusetts General Hospital in the United States, Massachusetts, MGH, whose hospital earns more than 3 billion dollars a year (42% of the total cost of employee pay), and the tax-free concessions granted by the government (taxes are mainly generated from non-related businesses).
2017 年 7 月 4 日