The Kaohsiung High Administrative Court ruled that there was no causal relationship between the knight who exceeded the alcohol test limit and revoked the fine and license suspension.

A male rider collided with a woman on bicycles and his alcohol level exceeded the legal limit. He was reported to the police on the spot. Schematic diagram. (File photo)

The Kaohsiung High Administrative Court recently issued a landmark judgment that subverted public perception! A Kaohsiung man surnamed Huang had a collision with a woman. Huang's alcohol level tested at 0.22 mg. He was reported to the police on the spot and given a heavier punishment. However, after the trial, the court held that the car accident was caused by the woman suddenly running out of the roadside, and that there was no considerable causal relationship between "drunk driving" and "car accident injuries." It was a rare decision to revoke the original punishment.

The verdict stated that the man surnamed Huang was riding a motorcycle and collided with a woman riding the motorcycle at about 10 a.m. on August 21 last year. The police were informed and went to the scene to deal with the matter. In accordance with the regulations, the alcohol test of Huang Man was 0.22 milligrams, and he was arrested on the spot. After investigation by prosecutors from the Qiaotou District Prosecutor's Office, Huang was found to have failed to meet the requirements for punishment under the criminal law, and the crime was not considered sufficient and he was given a non-prosecution sanction.

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The Kaohsiung City Traffic Incident Adjudication Office still complied with the "Road Traffic Management Punishment Regulations" and fined Huang 15,000 yuan, suspended his driver's license for 24 months, and required him to attend road traffic safety courses. Huang Nan refused and filed an administrative lawsuit. He admitted that he had indeed drank alcohol the night before, but emphasized that he was completely conscious at the time of the incident and had passed relevant police tests. Huang Nan believed that the car accident occurred entirely because the other party suddenly "drove out" from the side of the road. Even if he had not drank, he would have been unable to dodge.

The judge of the Kaohsiung High Administrative Court conducted a detailed investigation into the incident and determined that although Mr. Huang did commit a violation of "driving with an alcohol concentration exceeding the prescribed limit", in terms of legal application, he determined that the accident occurred because the outsider suddenly drove out of the roadside, and there was no "considerable causal relationship" with whether Mr. Huang had been drinking. Huang's behavior did not meet the aggravated penalty requirement of "causing injuries as a result of the accident." The original punishment was obviously erroneous, and the fine and license suspension were revoked. The entire case can still be appealed.

☆Excessive drinking is harmful to health. Drunk driving is prohibited☆