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. “」
