A female college student surnamed Donghai in Taichung, surnamed Lin, was hit and killed by a driver surnamed Shi from a giant bus company. The prosecutors charged Shi Nan with negligent death. During the trial, Lin's mother accused Shi Nan of moving the car many times, causing her daughter to be run over by a tire twice, and requested that the trial be changed to homicide. The Taichung District Court sentenced Shi Nan to four years in June for causing death by negligence. Lin's mother appealed. The Taichung Higher Branch Court held a hearing today. Lin's mother hoped to change the sentence to homicide, but Shi Nan denied the intention to commit murder. The lawyer stressed that Shi Nan could only work as a delivery boy to earn compensation. He had to ride more than 100 kilometers every day, hoping for a lighter sentence.
The driver of Juye Passenger Transport, surnamed Shi, drove bus No. 305 at around 9:00 pm on September 22, 2018, and hit a female college student named Lin and a senior student named Wang from Tunghai University who were walking on the zebra crossing on Green Chuan East Street in Taichung City. Shi got off the bus and only saw a hand exposed by the wheel, but without further confirming the condition of the injured, he got on the bus again and moved the bus forward. As a result, the female student who was knocked down was crushed twice and eventually died.
Lin’s mother believed that her daughter was still alive after the first impact, and according to the autopsy report of the Institute of Forensic Medicine, her daughter was still breathing and heartbeating after the first impact, and only lost signs of life during the subsequent crushing. In addition, based on the statement of a senior student surnamed Wang who was also hit, she could still be heard calling for help and crying out in pain after the first impact, so she believed that she should be charged with attempted murder.
The Taichung District Court stated that in response to the family members’ questioning of Shi’s “intent to kill,” the collegial panel reviewed the evidence in the entire case and concluded that Shi’s negligence in moving the vehicle rashly without confirming Lin’s location in detail, causing Lin’s death by running over her, was indeed serious. However, based on the evidence and Shi’s current understanding, it was difficult to conclude that Shi had the motive and intention to kill. Therefore, he was sentenced to four years and six months in the case of negligent death. Both Lin’s mother and Shi’s appeals were rejected.
The Taichung High Court held a hearing today. Lin's mother and the lawyer hoped that the case would be punished as homicide. They emphasized that how the court sentenced would affect whether others would follow suit. If the death was still caused by negligence, children and people walking on the road would still be afraid. They emphasized that the punishment may not necessarily be severe, but it must be reasonable.
Shi Nan's lawyer said that in order to make money and pay compensation, Shi Nan can only work as a food delivery and ride more than 100 kilometers every day. In addition to denying any murderous intent, he emphasized that according to similar wrongful death cases, he had reconciled with the defendant and surrendered, but the sentence was extended to 4 years and June. It is indeed too severe. He hopes that the court will take a more objective perspective and not impose a heavier sentence.
