Public Safety OffensesSuspended sentenceFeatured Case

Negligent homicide — suspended sentence (緩刑)

4 months, 2-year suspended sentence (緩刑)
Handling attorney:謝政翰、林宗諺
Case Overview

Under the judgment caption «Negligent homicide», in a traffic fatality we obtained reduced sentencing and a suspended sentence (緩刑).

Background

The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. The defendant made a U-turn on a riverside road in Xinzhuang, New Taipei, failing to yield to oncoming motorcycle traffic; the rider died from severe injuries.

Defense Strategy

Our attorneys addressed negligence level, post-offense conduct, and settlement with the victim's family for sentencing.

Key Issues
  • Level of negligence and causation?
  • Suspended sentence (緩刑) requirements met?
Legal Basis & Argument

Taiwan Criminal Code Art. 276 (negligent homicide); Art. 74 (suspended sentence (緩刑)).

Verdict

The court sentenced 4 months' imprisonment, commutable to a fine, with a 2-year suspended sentence (緩刑).

Judgment (personal data redacted)
Judgment (personal data redacted)
Click to enlarge

* Personal data such as names and ID numbers in this Judgment (personal data redacted) has been redacted in accordance with Taiwan's Personal Data Protection Act * Document images are official Traditional Chinese legal papers; the original text controls.

Related Tags

Negligent homicideTraffic accidentSuspended sentence (緩刑)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes

林宗諺

Attorney

Criminal defenseFraud casesDrug casesTaiwan Anti-Money Laundering Act

These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.