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(釋字第 284 號 )      友善列印PRINT  
Interpretation

J.Y.
Interpretation

NO.284 

Date

1991/9/13

Issue

What is the responsibility of an automobile driver who causes an automobile accident?

Holding

Article 62, Paragraph 2, of the Statute Governing the Punishment for Violation of Traffic Regulations provides that if an automobile driver causes an automobile accident resulting in injury or death, the automobile driver shall offer immediate assistance or other necessary measures to the victims and shall notify the police about the accident. In addition, the driver’s license of a hit-and-run automobile driver will be revoked. The purpose of the above-stated regulations is to improve traffic safety, protect the rights and interests of the people and to maintain the social order. The duties and sanctions imposed upon the automobile driver under Article 62, Paragraph 2, of the Statute Governing the Punishment for Violation of Traffic Regulations are permissible under Article 23 of the Constitution and are consistent with the legislative intent of the Constitution.

Reasoning

After the occurrence of an automobile accident resulting in injury or death, the person who causes the accident shall offer immediate assistance or other necessary measures to the victims to mitigate damages. It is necessary to impose strict sanctions on the automobile driver who hits and runs because if the automobile driver who causes the accident flees from the scene of the accident, it will be difficult to determine the liability of the accident and the opportunity to save lives may be lost. Article 62, Paragraph 2, of the Statute Governing the Punishment for Violation of Traffic Regulations provides that if an automobile driver causes an automobile accident resulting in injury or death, the automobile driver shall offer immediate assistance or other necessary measures to the victims and shall notify the police about the accident. In addition, the driver’s license of a hit-and-run automobile driver will be revoked. The purpose of the above-stated regulations is to improve traffic safety, protect the rights and interests of the people and to maintain the social order. The duties and sanctions imposed upon the automobile driver under Article 62, Paragraph 2, of the Statute Governing the Punishment for Violation of Traffic Regulations are permissible under Article 23 of the Constitution and are consistent with the legislative intent of the Constitution. However, if an automobile driver leaves the scene of an accident without realizing that an accident has occurred, his/her liability shall be determined based on the established facts and other applicable laws. Such situation falls outside the scope of this interpretation and thus shall be clarified accordingly.

' Translated by Li-Chih Lin, Esq., J.D.

 

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