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2026-01-20

Case Studies | Traffic Accident | Defendant Negligent Injury Case Successfully Settled — Non-Prosecution Decision Issued

德益實務案例 車禍被告過失傷害 順利和解 不起訴處分


Relevant Legal Provisions


Article 284 of the Criminal Code:A person who, by negligence, causes injury to another shall be punished with imprisonment for not more than one year, detention, or a fine of not more than NT$100,000; if serious injury is caused, the punishment shall be imprisonment for not more than three years, detention, or a fine of not more than NT$300,000.


Facts and Reasons


The defendant (i.e., our client), while operating a heavy motorcycle, should have paid attention to the conditions ahead and taken necessary safety measures at all times. However, the defendant negligently collided with the complainant's bicycle, causing both the complainant and the bicycle to fall, resulting in injuries including fractures.


Prosecutor's Disposition


The above-mentioned injury case involving the defendant has concluded the investigation, and it is determined that a disposition of non-prosecution is appropriate.

In offenses prosecuted upon complaint, the complainant may withdraw the complaint before the conclusion of oral arguments in the first instance; furthermore, where the complaint in such offenses has been withdrawn, a disposition of non-prosecution shall be made. In this case, the complainant withdrew the complaint in court, and therefore a disposition of non-prosecution should be rendered.


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


Attorneys:Vincent HuangHerman Lyu
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