Relevant Legal Provisions

Criminal Code, Article 284：Anyone who causes injury by negligence shall be punished with imprisonment for up to one year, detention, or a fine of up to 100,000 NTD; if the injury results in serious harm, the punishment shall be imprisonment for up to three years, detention, or a fine of up to 300,000 NTD.

Facts and Reasons

The complainant (the client of our law firm) was acting as a volunteer traffic controller at an intersection when they were struck by a car driven by the defendant. The complainant could not avoid the collision in time and sustained a fracture of the left proximal tibia, multiple contusions on the limbs, and a head contusion.

Prosecutor's Disposition

The defendant in the negligence injury case has completed the investigation, and the prosecution is warranted.

The defendant, while driving a small passenger car through the accident site, should have maintained a safe distance from the car ahead, allowing for a possible stop at any time, and should have taken necessary safety measures. The weather at the time was clear, daylight conditions, the asphalt road surface was dry and intact, with no obstacles, and visibility was good, meaning there were no circumstances that would prevent the defendant from noticing these conditions. However, the defendant failed to do so. Furthermore, during police questioning and investigation, the defendant admitted to the criminal facts mentioned above. There are also road traffic accident diagrams, preliminary analysis reports, site photos of the vehicle damage, medical records, and other evidence, confirming that the defendant committed the offense of negligence injury under the first paragraph of Article 284 of the Criminal Code.

(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys:  Herman Lyu、Timothy Wu