大法官解釋 釋字第777號 |
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| 公佈日期：2019/05/31 |
| 解釋爭點 |
| 刑法第185條之4之構成要件是否違反法律明確性原則？其刑度是否違反比例原則？ |
| [11] 道路交通安全規則第1條規定：「本規則依道路交通管理處罰條例第92條第1項規定訂定之。」 [12] http://dict.revised.moe.edu.tw/cgi-bin/cbdic/gsweb.cgi?o=dcbdic&searchid=Z00000115669 最後瀏覽日：108年3月18日。 [13] German Criminal Code Section 142 Leaving the scene of an accident without cause provides that: ‘ (1) A party to a road traffic accident who leaves the scene of the accident before he 1. has facilitated, on behalf of the other parties to the accident and any persons suffering injury or damage, the determination of his identity, his vehicle and the nature of his involvement through his presence and an statement that he was involved in the accident; or 2. has waited for an appropriate period of time under the circumstances, during which no one was willing to make such determinations, shall be liable to imprisonment not exceeding three years or a fine. (2) A party to an accident shall also be liable under subsection (1) above if he 1. after expiry of the waiting period (subsection (1) No 2 above); or 2. justifiably or excusably left the scene of the accident but subsequently does not without undue delay make these determinations possible. (3) A party to the accident satisfies the obligation to subsequently make the determinations possible if he informs the persons entitled to receive such information (subsection (1) No 1 above) or a nearby police station that he was involved in the accident, and if he states his address and whereabouts as well as the licence plate number and location of his vehicle, and makes it available for prompt examination for a reasonable period. This shall not apply if he intentionally obstructs the determinations by his conduct. (4) The court shall mitigate the sentence (section 49(1)) in cases under subsections (1) and (2) above or may order a discharge under these provisions if the party to the accident subsequently voluntarily makes the determinations possible (subsection (3) above) within twenty-four hours after an accident which did not take place in owing traffic and which resulted in merely minor property damage. (5) A party to an accident shall be deemed to be anyone whose conduct under the circumstances may have contributed to causing the accident.’ https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1336 last visited: May 21, 2019. |
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