| Summary: | 碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 106 === The purposes of this study are aim to investigate the legislative intent of the hit and run offense of Criminal Code. It is to prevent the driver from escaping after the accident and delay the victim’s chances of seeking medical care. In t 1999, Legislative Yuan added Article 185 (4) of the Criminal Law to “the crime of abandonment” and regulate the driving power.A person who flees after the motor vehicle he drives has caused an accident resulting in death or injury of another shall be sentenced to imprisonment for not less than six months but less than five years. Due to high-profile cases broke out again and again in our society, accompanied by media reports, the Legislative Yuan was prompted to amend and implement the application on June 11th, 2013, that increases the penalties for drunk driving behavior shall be sentenced to imprisonment for not less than am year but less than seven years. Mainly from the reason that is based on Article 185(3) of the Criminal Law, the penalty for death from drunk driving and drunk driving has been increased.
This study collects verdict s of the local courts regarding recent cases of hit and run cases from six cities, Taipei Municipality, New Taipei City, Taoyuan City, Taichung City, Tainan City, and Kaohsiung City. After analysis and statistics, it will sort out various types of accidents and hit and runs to 100 verdicts. The verdict that discusses the differences between the sentencing of escape cases after the same type of accident causing deaths and injuries, and whether the discussed legal interests have violated the legitimacy of the crime, leading to the violation of the principle of criminal punishment, so as to explore whether the decree has been corrected or not.
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