Relevant Legal Provisions

Article 102, Paragraph 1, Item 7 of the Road Traffic Safety Rules:When a car reaches an intersection, its movement and turning must follow the regulations. A turning vehicle must yield to the straight-moving vehicle.

Article 284 of the Criminal Code:Anyone who injures another due to negligence shall be sentenced to imprisonment for not more than one year, detention, or a fine of not more than NT$100,000; if the injury results in serious harm, the person shall be sentenced to imprisonment for not more than three years, detention, or a fine of not more than NT$300,000.

Facts and Reasons

The defendant's car license had been revoked but was still on the road. On a certain day, the defendant was driving a private light truck, failing to notice that the turning vehicle must yield to the straight-moving vehicle, and recklessly made a left turn, colliding with the ordinary heavy motorcycle driven by the complainant (i.e., the client of our firm), causing the complainant to suffer severe splenic rupture (requiring splenectomy), internal bleeding, and other injuries.

Prosecutor's Disposition

The above-mentioned defendant, who caused serious injury due to negligence, was investigated and the case was concluded, with a decision to file a public prosecution.

According to the Road Traffic Safety Rules, when a car reaches an intersection, the turning vehicle must yield to the straight-moving vehicle. The rule is clearly stated, and given the circumstances at the time of the accident, there was no reason for the defendant to fail to notice the rule. The defendant recklessly turned left and collided with the complainant, causing severe injuries to the complainant. The defendant's behavior was clearly negligent. Although the complainant also failed to adequately observe the situation in front of the vehicle, resulting in some negligence, this does not relieve the defendant of responsibility for their negligence. Therefore, the defendant's criminal suspicion was confirmed.

Attorneys:Vincent Huang、Ian Yan、Timothy Wu