Man Given Eight Months for Negligent Homicide 私自封路鋸樹砸死騎士 苗栗男判刑8個月

In June 2020, a resident of Miaoli's Sanyi Township surnamed Wu trimmed a tree at his residence without first obtaining the road rights as he was legally obligated to do. He simply sectioned off part of Provincial Highway 13. A woman surnamed Liao was traveling along the road and killed by the tree. Wu was sentenced to eight months for negligent homicide.


A dashcam captured footage of the accident. On that day, the weather was good. A big tree topples over the side of the road, hitting a motorist, who falls to the ground. She died despite receiving medical treatment. This accident occurred on June 13, 2020. The victim, a 60-year-old woman surnamed Liao, was traveling north on Provincial Highway 13. Family members sued over her death. A judge ruled that a man surnamed Wu, who had hired workers to trim the tree, was guilty of negligent homicide and sentenced him to eight months. The verdict can be appealed.

Sung Kuo-chen, Judge, Miaoli District Court: “There were no marked off areas or warning signs or barriers, which violated the provisions of traffic safety control measures for road construction.”

The judge determined Liao saw Wu directing traffic and had no eyesight issues, but Wu had not taken sufficient measures to prevent traffic accidents from occurring while felling the tree. He only placed two traffic cones at the scene, and then stood in the middle of the road using hand gestures to direct traffic. Liao's family said Wu has neither tried to settle nor apologized.

Mr. Liu, Victim's Husband: “He's abominable, and has shown no concern whatsoever. Instead, he just spreads rumors about how much he paid in compensation. He has shown zero remorse.”

The victim's family said they accept the ruling, and hope to settle the civil case quickly. The police said that people needing to use roads must first apply to authorities for permission. They must also set up facilities to maintain traffic and send people to direct traffic and warn passers-by.

 

 

意外發生在2020年6月13日,60歲的廖姓女騎士沿著台13線北上回家,卻在經過這個路段發生意外。從家屬提供行車紀錄器畫面紀錄事發經過,天候狀況良好,但對向車道邊坡的大樹倒了下來,砸中一名騎士倒地,緊急送醫還是回天乏術。家屬提告判決出爐,雇請工人修剪樹木的吳姓男子,被依過失致死罪判處8個月徒刑,仍可上訴。

苗栗地院庭長宋國鎮說明:「沒有任何足以警示區隔、工地區域的施工警告標誌或活動拒馬,違反道路施工設置交通安全管制措施的相關規範。」

法官認為,女騎士有看到吳姓男子的指揮,視力沒有問題,但吳姓男子在進行砍樹作業時,沒有充分注意避免交通事故發生,只在現場放置兩個交通錐,自己就站在路中,僅以手勢指揮示意,罔顧用路人安全。女騎士的家屬則表示,吳姓男子至今尚未協調和解,甚至連道歉都沒有,實在很難接受。

被害人丈夫劉先生說:「他很惡劣,都不聞不問,在外面放風聲,什麼他花了多少錢賠我,一點點悔意都沒有。」

家屬雖然表示接受這樣的判決結果,也希望盡快民事和解。警方提醒,民眾如有使用道路的需求,應事先向道路主管機關申請路權,並設置交通維持設施及派人指揮,確實提醒用路人,才能避免這樣的意外再發生。

 

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