Relevant Legal Provisions

Criminal Code Article 57：: When imposing a sentence, it should be based on the responsibility of the offender and consider all circumstances. The following factors should especially be considered as standards for determining the severity of the punishment:

1. The motive and purpose of the crime.

2. The stimuli experienced at the time of the crime.

3. The means used to commit the crime.

4. The offender's living conditions.

5. The offender's character.

6. The offender's level of intelligence.

7. The relationship between the offender and the victim.

8. The degree of the offender's violation of duties.

9. The danger or damage caused by the crime.

10. The offender's attitude after committing the crime.

Criminal Code Article 276：Whoever causes the death of another by negligence shall be sentenced to imprisonment for not more than five years, detention, or a fine of not more than 500,000 NTD.

Facts and Reasons

In this case, the defendant A (i.e., our client) was driving a private small truck and illegally stopped on the road. Due to the failure of the defendant B, the driver of a small truck behind, to notice the vehicle in front and maintain a safe distance, when defendant B finally saw the illegally stopped vehicle, they failed to change lanes properly and give way to the vehicle moving straight. As a result, defendant B drove left into the adjacent inner lane, causing a rear-end collision with the left-hand grip of the defendant B's small truck. The motorcycle rider, unable to avoid the collision, fell along with the vehicle into the opposite lane, where they were struck by another private small car, resulting in death.

Prosecutor's Disposition

In the above-mentioned case of negligent homicide involving the defendants, the investigation has been concluded, and it is deemed appropriate to apply deferred prosecution.

Regarding the criminal facts, both defendants A and B have fully confessed to their actions during the investigation. The acts committed by the two defendants constitute a violation of Article 276 of the Criminal Code, negligent homicide, for which the statutory penalty includes death, life imprisonment, or a fixed term of at least three years of imprisonment. After considering that both defendants have no prior criminal record, have admitted their wrongdoing, and have reached a settlement with the complainant, with the complainant's consent, and after evaluating the factors outlined in Article 57 of the Criminal Code as well as the maintenance of public interest, deferred prosecution is considered appropriate.

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

Attorneys: Herman Lyu、Kevin Yu