In recent years, the Supreme Court has cited the majority opinion of Germany, using the so-called hostile intent to evaluate whether daily traffic behavior constitutes another law under Article 185 of the Criminal Code. This article believes that this kind of behavioral qualitative conversion conditions are actually ethical subjective maliciousness, coupled with the development of improper intentions into damage intentions, The external type of infringement (non-traffic behavior) is still based on the subjective imputation of dangerous intention, but the internal type of infringement (traffic behavior) is required to the extent of intentional damage. There are doubts about violating the principle of equivalence of crimes and penalties.