Relevant Legal Provisions

Article 185-4 of the Criminal Code：A driver of a power-driven vehicle who causes an accident resulting in injury and flees the scene shall be punished with imprisonment for not less than six months and not more than five years. If the accident results in death or serious injury, the punishment shall be imprisonment for not less than one year and not more than seven years.

Facts and Reasons

The defendant (our client) was riding a heavy motorcycle and, due to failing to observe traffic conditions, changed lanes and sideswiped another heavy motorcycle traveling in the same direction, causing injury to the passenger. After the accident, the defendant assisted by calling an ambulance and helping at the scene but left afterward.

The prosecutor argued that the defendant left without waiting for the police to arrive or leaving contact information with the injured party, nor did the defendant obtain the victim’s consent to depart. Therefore, the prosecutor believed the defendant had the intent to flee and filed a charge of hit-and-run.

Prosecutor's Disposition

Verdict: Not Guilty.

Upon examination, the court found that after the accident, the defendant called emergency services, stayed until the ambulance arrived, and assisted paramedics in caring for the injured person. The defendant also communicated with the medical responders. Although the defendant did not remain until the police arrived or leave contact information before leaving, these facts were not disputed by either party.

The purpose of Article 185-4 of the Criminal Code is to reduce harm or death to victims. The defendant’s conduct already fulfilled the duties of remaining at the scene and assisting (including arranging for others to assist) the injured person in obtaining medical attention.

Therefore, the defendant's actions did not constitute “flight” under Article 185-4. The court accepted the defense's argument that the defendant lacked intent to flee the scene and rendered a not guilty verdict.
   
(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to  Judicial Yuan's judgment database)