刑法第284條規定:「因過失傷害人者,處一年以下有期徒刑、拘役或十萬元以下罰金 ;致重傷者,處三年以下有期徒刑、拘役或三十萬元以下罰金」。此即 「過失傷害罪」,108年修法後刪除業務過失傷害罪,一併以過失傷害罪處理, 並提高其法定刑。
計程車司機既係以開車為業,倘駕車不慎導致他人受傷,自應依「過失傷害 罪」論處。不過,計程車司機如無營業執照時,是否仍屬從事「業務」之人? 對此,最高法院78年台上字982號刑事判決已認定:「刑法上所稱「業務」係以『事實上』執行業務者為準;與行為人所持為何種駕駛執照之交通行政管理 上之資格認定無關。」因此,只要有駕駛人有以計程車駕駛為業的事實,縱使無計程車營業執照,如有過失肇事致他人受傷者,即仍依「業務過失傷害罪」 論處,惟108年修法後均依「過失傷害罪」論處,則無爭議。
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According to Article 284 of the Criminal Code of the Republic of China: A person who negligently causes injury to another shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one hundred thousand dollars; if serious physical injury occurs as a result, he shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred thousand dollars. This is known as the crime of negligent injury. After the 2019 amendment, the distinction between "ordinary negligent injury" and "professional negligent injury" was removed, meaning that all negligent injury cases including those involving taxi drivers are now subject to the same legal provisions, with increased penalties.
Since taxi drivers operate vehicles as their profession, if they cause injury due to negligence, they will be held criminally liable under the crime of negligent injury. However, if a taxi driver lacks a commercial driving license, are they still considered a "professional" under the law? The Criminal Judgment No. 982 of the Supreme Court, Year 78 of the Republic of China, Tai-Shang-Zi clarified that; “the term “professional” in criminal law is determined by the actual performance of the work, rather than by administrative qualifications such as the type of driving license held." This means that as long as a person is driving a taxi as their profession, they are considered to be engaged in a business, regardless of whether they hold a valid taxi license. In the past, such cases were prosecuted under "professional negligent injury" law, but after the 2019 legal amendment, all cases regardless of profession are now uniformly prosecuted under “negligent injury.”
April 5, 2025