Relevant Legal Provisions

Criminal Code Article 185-4 ：If a driver of a motor vehicle causes a traffic accident resulting in injury and flees, they shall be punished with imprisonment for not less than six months and not more than five years; if the accident causes death or serious injury and the driver flees, they shall be punished with imprisonment for not less than one year and not more than seven years.

Facts and Reasons

The defendant in this case (our client) was driving with a child on a certain day when, unexpectedly, the child sitting in the backseat suddenly opened the car door while waiting at a red light. This action led to a collision with a nearby cyclist who was unable to avoid it, causing injury. After the cyclist collided with the car door, they did not fall down but immediately rode away. The defendant then left the scene but later received notification from the police.

Prosecutor's Disposition

After investigating this case of public endangerment, it was concluded that there was insufficient evidence to prosecute. Medical diagnosis certificates, intersection surveillance footage, and inspection records did not conclusively prove that the defendant was aware of the injury to the victim under these circumstances. Therefore, the defendant's defense, that they were unaware of the victim's injury, cannot be entirely discredited. It is difficult to attribute criminal intent to the defendant solely based on leaving the scene after the traffic accident. Furthermore, there is no other positive evidence to convincingly prove that the defendant committed the offense of causing injury in a traffic accident. The case has been settled out of court with the victim.
 

(Some details of the case have been adjusted or omitted to protect the parties' rights.)
 

Attorneys: Vincent Huang、Ian Yan