
高雄水泥攪拌車司機陳男前年6月在鹽埕區與機車擦撞導致騎士死亡後未停留處理,遭警方開罰6000元並吊銷駕照。司機主張因視野死角未察覺碰撞,高雄高等行政法院審理後認定其主觀上無肇逃故意,刑事部分已獲不起訴,裁定撤銷原處分。
AI-generated summary
司機陳男前年6月12日晚間7時許,駕駛水泥攪拌車行經建國四路與河西一路口時,與右側機車發生擦撞,導致騎士傷重不治。司機當下未停留處理離開現場,遭警方依肇事逃逸開罰6000元並吊銷駕照、3年內不得考領。
水泥攪拌車輾斃騎士被控肇逃,法院認司機不知肇事,判撤銷處分。示意圖(資料照)
高雄陳姓水泥攪拌車司機前年6月行經鹽埕區時,與右側機車發生擦撞,導致騎士傷重不治,司機因當下未停留處理離開現場,遭警方依「肇事逃逸」開罰6000元並吊銷駕照、3年內不得考領。司機不服提起行政訴訟,高雄高等行政法院審理,認定司機主觀上毫無肇逃故意,且刑事部分已獲不起訴處分,裁定原處分撤銷保全司機生計。
判決書指出,原告陳男前年6月12日晚間7時許,駕駛水泥攪拌車行經建國四路與河西一路口。當時死者機車疑似為了超越前方車輛而向左偏移,不慎碰觸車體右前輪外側擋泥板後摔倒。
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司機抗辯表示,他始終維持在慢車道左側正常行駛,由於車體龐大存在「視野死角」,當下未感受到輾壓異物感,也沒聽到撞擊聲,透過右後視鏡更無法察覺後方異狀,絕非刻意逃逸。高雄地檢署先前偵查刑事責任時,便已認同死角說法,做出不起訴處分。
高雄高等行政法院審理後強調,行政罰的肇事逃逸處分,必須建立在駕駛人「明知發生車禍卻刻意離開」的主觀故意上。全案無證據證明司機知情,因此判定原處分有違失,准予撤銷。可上訴。
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