Sentence for Drunk Driving Increased to 9 Years and 10 Months 高雄酒駕男撞1家4口 二審改判9年10個月

In December 2021, a drunk driver surnamed Huang drove into a family of four in Kaohsiung. Huang was sentenced to seven years and 10 months in the first trial but prosecutors appealed. The judge overturned the verdict and sentenced Huang to nine years and 10 months in the second trial.

Mr. Lin, Victim: “The government and elected representatives including legislators are all accomplices. They ignore these recidivist drunk drivers on the roads who openly carry out massacres.”

Mr. Lin expressed his disagreement after hearing the verdict in the second trial. He said this verdict is equivalent to giving drunk drivers permission to wantonly kill pedestrians.

Mr. Lin, Victim: “My daughters and I need to face physical and mental therapy, plus the lengthy judicial process. I'm speaking frankly when I say that I have known for a long time that Taiwan's judiciary is very dark.”

On Dec. 26, 2021, Mr. Lin, his wife, and their two daughters were walking on a sidewalk in Kaohsiung when a drunk driver surnamed Huang hit them. Mrs. Lin died at the scene, Mr. Lin and the two daughters sustained serious injuries. In the first trial, the judge considered that Huang had braked to prevent an incident, concluded that this didn't constitute homicide, and sentenced him to seven years and 10 months. Prosecutors and the family appealed, and the verdict of the second trial was announced on Feb. 8. The original sentence was repealed and Huang's sentence was amended to nine years and 10 months.

Chiu Ming-hung, Chief Judge, Administrative Court, Kaohsiung Branch Court: “We determined that the injuries sustained (by Mr. Lin and his elder daughter) constituted serious injuries, which was different than the determination in the original trial (serious injuries couldn't be determined yet). However, the case didn't constitute homicide as defined by criminal law.”

The judge in the second trial considered that the incident resulted in victims who died or sustained hard to treat injuries, and also believed that the first verdict was too lenient. In addition, Huang has not compensated the victims. Huang was sentenced for drunk driving, not homicide. The verdict can be appealed. Mr. Lin said he will discuss with his lawyer whether to appeal after receiving the verdict.
 

酒駕受害者林先生批評：「政府跟立委民代們，他們都是幫凶。漠視這些酒駕累犯，在大馬路上公然的進行大屠殺。」

聆聽完二審判決結果，林先生無法接受，直言這判決，等同放任酒駕者在馬路上任意屠殺行人。

酒駕受害者林先生表示：「我要面臨我跟我女兒身心方面的治療，還要面對這麼長的司法訴訟。我跟大家講白的，我早就知道，我們台灣司法很黑暗。」

2021年12月26日，家住高雄的林先生，帶著妻子、兩個女兒走在人行道上，被酒駕的嫌犯黃子洋開車撞上。妻子當場死亡，林先生與兩個女兒重傷。一審法官認定，黃子洋有踩剎車阻絕事件發生，不構成殺人故意，判決7年10個月。檢察官、家屬上訴，二審在8日上午宣判，原判決撤銷，黃子洋改判為9年10個月。

高雄高分院行政庭長邱明弘指出：「認定（林先生與大女兒）他受傷的程度，已經達到重傷害的程度，那跟原審（尚無法認定重傷）的認定不同，但全案並不構成《刑法》上的殺人罪嫌。」

二審法官認為，事件已導致傷者重大不治或難治的程度，也認為一審判決過輕；加上黃子洋犯後仍未賠償受害者，從重量刑9年10月，但罪名都是酒駕致死，不構成殺人罪，全案可上訴。林先生也說，會在收到判決後，與律師討論是否上訴。