2023年6月17日 星期六

the civil case disapproved _ without identity document, couldn't determine who was someone

 the civil case disapproved _ without identity document, couldn't determine who was someone

the fact:
the thirteenth February 2023, 07:50 o'clock, traffic accident happens.
the driver is Mr. Zheng, the vehicle owner corporationC.
the driver Mrs. Li, the vehicle owner Mr. ChenA, passenger ChenB.

possible cause of the traffic accident on the police record:
the taxi driver Zheng:
not keep safe distance between the vehicle. (The road safe rule article 94 (1)).
note: involving driving under the influence. the case transferred to the third branch precinct police for inspecting. the accident cause determined up to court's judgment.
note: driving under influence. (Alcohol test 0.16MG/L, violating road traffic penalty act article 35 (1) 1, the ticket number is RB06OOOO.)
the motorcycle driver Li:(blank)
the motorcycle passenger ChenB:(blank)

the corporationC hadn't designate person to participate mediation.

reaching settlement during the mediation, recording below:
1.the settlement include: the body damage of Mrs. Li, the vehicle damage of ChenA's, and the body damage of ChenB.
2.Zheng should pay Li, ChenA, ChenB the amount ten thousand new Taiwan dollar, exclude compulsory insurance, payment deadline is the eleventh June 2023, transfered into the post account OOOO.
3.this case excluded the vehicle license plate number OOOO.
4.for civil, except compulsory insurance, both parties abandon civil claim. for criminal, both wouldn't pursue other's criminal responsibility, the criminal complainant withdraws the complaint.

the 17th May 2023, the borough hall submits to the local court for review.

the 31th May 2023, the judicial affairs officer disapproves the mediation, returned it to the borough hall.
the disapproved reason:
without identity document copies of applicant, guardian, agent, the court couldn't determine the parties was of whom.


after I inspecting, the dossier submitted to the court already attached the household certificate.
the second June 2023, in the submitted letter I pointed out that there has the household certificate, submitted to the local court again.

my opinion:
1.the case there had been the copy of household certificate, the name of applicant and others on this.
I don't know which was the judicial affairs office indicated "identity document".
was the household certificate insufficient?
I heard something about ignorance of judicial affairs officer from the other borough clerk.
therefore, I reorganize the dossier, submit it to the local court for review again.

2.
because corporationC didn't assign someone in present, and not appoint the driver Mr. Zheng.
I noted in mediation clause that excluded the vehicle number OOOO.

3.
ChenB, the one of the applicants, minor, one-parent, there is appointment of his father.
applicant already provided the household certificate, on that the notes not omit, it could demonstrate the guardian relationship enough.

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