2023年5月21日 星期日

the absence of identity document and the issue of the same person.

the absence of identity document and the issue of the same person.

the traffic case, disapproved due in the absence of identity document,
and the issue of the same person.

the fact:
24th January 2023, at 24 o'clock,
the traffic accident involved the two motorcycles.
motorcycle A: the driver Zhan A, the owner Zhan B;
motorcycle B: the driver Ceng A, the owner Ceng B;
both owners commission to the drivers be present in the mediation.

the possible cause recorded in the initial judgement of traffic accedent:
driver Zhan A: stop priror to turn around, notice whether other vehicle or not, then turn around.(the safe rule of traffic article 106, 5)
driver Ceng A:(blank)

the mediation settlement:
Zhan A give Ceng A 35 thousands, excluded compulsory insurance.
among, on the tenth march 2023 pay the 15 thousands, on the tenth july 2023 pay 20 thousands.

splitted to two cases, writing down in here:

civil 14(driver Zhan A give driver Ceng A 20 thousands)
1. the case be confined to Ceng A's body and wage et cetera.
2. driver Zhan A give driver Ceng A 20 thousands in New Taiwan dollar(same below) by himself(excluded compulsory insurance).
3. before the tenth july 2023, transfer into the designated account number:some number.
4. in civil, both give up the remaining right of civil claim; in criminal, both give up the right of the claim for investigating the criminal, the complainant withdraw the complaint.

civil 15(driver Zhan A give owner Ceng B 15 thousands)
1. the case be confined to Ceng B's vehicle.
2. driver Zhan A give driver Ceng B 15 thousands in New Taiwan dollar(same below) by himself(excluded compulsory insurance).
3. before the tenth march 2023, transfer into the account number designated by the commissioned :some number.
4. in civil, both give up the remaining right of civil claim; in criminal, both give up the right of the claim for investigating the criminal, the complainant withdraw the complaint.

result after court review:
civil 14(driver Zhan A give driver Ceng A 20 thousands):
disapproved.
reason:in absence of the identity document in the docket, for avoiding the issue of same person, need to be provided.
civil 15(driver Zhan A give owner Ceng B 15 thousands):
approved.

my comment:
1.about the disapproved reason.
the documents in the two cases are same completely,
but one case approved, the other disapproved.

some documents could be substituted mutually.
e.g.
identity card could be substituted by national health insurance card, driving licence, household certificate, household registration transcript.
vehicle registration could be substituted by Motor Vehicles information Service web inquiry, vehicle scrapping paper.
ownership certificate of land or building by land or building registration inquiry, land or building transcript.

the case special on there:
I have forgotten to add the copy of the Zhan A's identity card, but he give the Zhan B's to me.
hence I add the office mail of querying result by police, to be substitution.

received the court's disapproved of the civil 14,
I connected the Zhan A, please he send the photo of his identity card to me.
I print out and add in the docket, submit to the court again.

2.about the "same person" issue:
there is academic.
in the real world, that is difficult to prove "who is the guy".
the identity number is not carved in the someone's body inside.
the individual, since the birth, accumulating of the relationship and evaluation.
in practice, that is difficult to prove the guy in present is that guy in the accident.
this is the original of the issue.

3.about "wage et cetera".
civil 14(driver Zhan A give driver Ceng A 20 thousands) the case be confined to Ceng A's body and "wage et cetera".
the damage of the traffic accident can be distinguished as the damage of vehicle and the damage of body. the wage belong to the damage of the body.
the is academic too.
the cause of the torts divided in the cause of the liability and the cause of the loss.
the cause of the liability mean the cause between "the action" and "the damage of special right".
the cause of the loss mean the cause between "the damage of special right" and "loss".
so, I usually don't write down the "wage et cetera", which will be included in the loss of the body damage, that's enough.

the case due to the special please of the parties, so I written down it.
even if treated as excluded, inevitable end in the "4. in civil, both give up the remaining right of civil claim".

4.about "case splitted".
the purpose of case splitted  for the score look good, assessing the performance would count the amount of the cases.
even if the borough get the championship in the city, the big borough only have award 144,655 New Taiwan Dollar, the small borough, like my location, only 30,998.
(data of 2021, the award rule of borough mediation by ministry of justice)
couldn't regarded as overtime payment, spend out in limited period, almost equal to one work more, I would rather not have it.

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