Relevant Legal Provisions

Criminal Law Article 284：Anyone who injures another person due to negligence shall be sentenced to no more than one year in prison, detention, or a fine not exceeding 100,000 NT dollars; if serious injury occurs, the sentence shall be no more than three years in prison, detention, or a fine not exceeding 300,000 NT dollars.

Criminal Law Article 287：Crimes under Article 277, Paragraph 1, Article 281, and Article 284 are subject to complaint-based prosecution. However, when a public servant commits a crime under Article 277, Paragraph 1 while performing their duties, this provision does not apply.

Facts and Reasons

In this case, the defendant (our client) was riding a heavy motorcycle and was required to pay attention to the road conditions ahead, maintain a safe distance when changing lanes, and take necessary safety measures. However, due to lack of attention, the defendant veered left, causing the complainant, who was riding another heavy motorcycle, to collide with the defendant's vehicle and fall due to failing to avoid the incident in time. The case was investigated by the District Prosecutor’s Office and later prosecuted. With the assistance of our lawyer, a successful settlement was reached with the complainant, and the complaint was withdrawn.

Judgment

The public prosecution was not accepted.

It was found that the public prosecution in this case suspected that the defendant had committed a negligent injury offense under the first part of Criminal Law Article 284. According to the first part of Article 287 of the same law, it requires a complaint for prosecution. The complainant has already withdrawn the complaint against the defendant, and this withdrawal is recorded in the case file. Therefore, based on the above provisions, this case was not subject to oral arguments and was directly ruled as not accepted.

(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to the Judicial Yuan's judgment database)