the civil case disapproved for exclude compulsory

 the civil case disapproved for exclude compulsory.

[my opinion]
1.
the case had be disapproved by judicial affairs office.
the applicant, who is victim, was pleasant about that disapproved contrarily.
because the first term had be expired during the court review session,
but the perpetrator default.
we made phone calls to him, he say he had no money now, please extend the time limit.
thereafter the about disapproved notified to victim,
he could file the complaint of the negligent injury on the period even.  

if the court approve the mediation,
the victim will lose the right of the criminal compliant.
he only could petition the local court for enforcement on the ground of the mediation settlement.

2.
the owner of the vehicle, used by perpetrator, was absent.
I written down that "the settlement exclude the vehicle used by perpetrator".
and that become the reason of the court disapproved later.

afterward, I revise my routine sketch that
"the settlement exclude the damage of the vehicle, which used by someone".

[the fact]:
the ninth February 2023, about 07:30 o'clock
happen traffic accident,
motorcycle MJX, driver Mr. Lu.(no injury)
motorcycle MXH, driver and owner Mr. Huang.(body injury and vehicle damage)

[the record of traffic accident initial judgement]
the possible causes or misconduct.
<Mr. Lu>:
1. motorcycle goes to intersection, turning should be obey the sign or line.(there was two step turn left sign.)(road safety rule article 99 (2) 1)
2. turning vehicle, should be give precedence to the straight vehicle.(road safety rule article 102 (1) 7)
2. hadn't reach the center of intersection yet, rushing to turn left hurriedly.(road safety rule article 102 (1) 5)
<Mr. Huang>:(blank)

[appendix in dossier]
1. the record of the traffic accident initial judgement.
2. Mr. Huang's account in post.
3. Mr. Huang's motorcycle registration.
4. Mr. Huang's health ID card. (instead of identity card)
5. Mr. Lu's ID card, front and back.
above all were copies.

the sixth June 2023, reach the mediation settlement.
[record]
1. about body injury and vehicle damage of Huang's, Lu pay Huang 75 thousand new Taiwan dollars (below as same)(include compulsory insurance), transfer to the assigned account.(the post account number).
2. installment, the first term is the twentieth June 2023, paying 30 thousands. the remaining, before the twentieth of each month paying 15 thousand, from July 2023 until pay up. the last payment is the balance. if either term delinquent, all terms expire.
3. the case exclude the vehicle MJX.
4. both abandon the right of the civil claim exclude compulsory insurance, and abandon looking into the criminal liability, the complainant withdraw the criminal complaint.(below blank)

the seventh June 2023, submit to the local court for review.

the 16th June 2023, juridical affairs officer had disapproved it.
[the reason of disapproving]:
1.recording in the first of the settlement clause, the payment include compulsory insurance, Lu transfer to the assigned account and so on. that likely mean Huang couldn't claim for compulsory insurance payment from the insurer of MJX.
2.comparison about the fourth clause, both abandon civil claim exclude compulsory insurance and so on. about excluding the compulsory insurance, not mention belong to which vehicle, therefore, that mean Mr. Huang could claim for compulsory insurance of MJX? is there inconsistency with the first clause?

to the 21th June 2023.
Mr. Lu delinquent, the first term 30 thousand default.
I believe that mediation again is in vain, because Lu had delinquent already.
I served the petitioner and victim, Mr. Huang, invite him come the borough hall.
I given him:
1. a criminal compliant form.
2. an ancillary civil action form.
3. the court disapproved mail.
4. the mediation settlement signed by both.
indicate Mr. Huang attaching the medical documents, and file this to the public prosecutor's office directly.

[appendix]
<The Township and County-Administered City Mediation Act> Article 27
After the mediation agreement approved by the court, for the mediation facts the party may not file the lawsuit, the complaint, or the private prosecution.

<Taiwan high court criminal judgement 106 ROC traffic appeal simple No. 122>
4. the public prosecutor appeal concise point out:
in the mediation settlement record, there have abandon civil claim, bot hadn't abandon criminal complaint, withdraw compliant or prohibit file compliant.
the complainant doesn't lose the right of criminal compliant.
the victim file the complaint of negligence injury to the my office, this filing legally.
the original judgement interpret the City Mediation Act Article 27 literally, the judgement violation the law, please reverse the original judgement and so on.
but, the case the 16th December 2015 reach the mediation settlement.
the settlement recording "both abandon the civil claim" only.
the 18th February 2016, the Banqiao local court approved the mediation case.
the record of mediation settlement noting that "the clause approved by the court, afterward, parties couldn't file action or criminal complaint or private prosecution".
therefore, victim can't file the criminal complaint obviously.
the Banquiao mediation commission record 104 criminal case copy in the dossier.