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驾驶人遗弃车辆逃离能否以交通肇事逃逸定性是一个有争议的问题。笔者认为,简单的给驾驶人遗弃车辆逃离确定交通肇事逃逸是不可取的,重点要在个案的定性中把握关键、重在事实、掌握原则。遗弃车辆逃离的方式和原因。从已侦破的弃车逃离事故分析,驾驶人逃离的形式有多种多样,一是不管现场上是否有人员受伤或死亡,不报警就逃离;二是向公安机关或有关部门报警或委托他人报警而逃离;三是将伤者送往医院后逃离。遗弃车辆逃离的原因也具有多重性,一是当事人存在掩盖与事故因果关系的事实和证据,存在逃避法律追究的主观意愿,如:饮酒后
It is a controversial issue whether a driver abandoning a vehicle to flee can qualify as a traffic accident escape. The author believes that it is not advisable to simply give away the vehicles to abandon the driver to escape and determine the traffic accident to escape. The key point is to grasp the key points in the qualitative analysis of individual cases, emphasize the facts and grasp the principles. Abandoned vehicle fleeing ways and reasons. From the detected accidental abandonment accident analysis, the driver fled in various forms, one is whether or not there is any casualties or death on the scene, and the police are not allowed to flee; the second is to the public security organs or relevant departments to alarm or entrust others to report to the police And fled; the third is to flee the injured after being taken to the hospital. Abandoned vehicles fleeing due to multiple reasons, first, the parties exist to cover the causal and incidental facts and evidence, there is subversion of the law to pursue subjective intention, such as: after drinking