The Taichung branch of the Taiwan High Court yesterday upheld a prison sentence of nine years and six months in a hit-and-run case in November last year that sparked public outrage after the driver was found to have two prior convictions for drunk driving.
Yen Tzu-shen (顏子娠), 35, was convicted of offenses against public safety resulting in death and fleeing from the scene of an accident in a first ruling by the Taichung District Court in March.
Yesterday’s ruling can still be appealed.
An investigation showed that Yen, a hostess at a Taichung night club, had drunk whisky at the club and taken ketamine before getting behind the wheel after work on the morning of Nov. 14.
Accompanied by two men, she drove her Mercedes-Benz at high speed, ran through several red lights and slammed into Chen Yu-pang (陳育邦), a 32-year-old baker, who was riding a scooter.
Chen was later pronounced dead in a hospital.
Yen left the scene of the accident and when found, tried to cover up her crime, insisting that someone else was driving and that she was in the passenger seat.
However, surveillance camera footage and witnesses indicated that Yen ws the driver.
Test results showed that Yen had a blood alcohol level of 0.46 milligrams per liter (mg/L), well above the legal limit of 0.15 mg/L, on the day of the accident.
She also tested positive for ketamine, a Category 3 illegal narcotic in Taiwan.
Yen was found to be a repeat “driving under the influence” (DUI) offender, provoking an angry public reaction, with many saying the justice system is too lenient on drunk drivers.
In her first DUI conviction, Yen had crashed into two other cars and injured four people in October 2015. She had a blood alcohol level of 0.97 mg/L at the time.
She was given a six-month sentence that was commutable to a fine, so she did not serve time.
She also reached a settlement with the victims, agreeing to pay them NT$200,000 in compensation, but has so far only paid NT$50,000.
In June 2016, Yen was again arrested for drunk drinking and her driving license was suspended.
In yesterday’s ruling, the judges said that Yen had already been convicted of drunk driving and causing an accident in 2015, and the killing of Chen occurred in similar circumstances.
“The record shows that Yen had not learned her lesson. She did not have to drive, which resulted in the fatal accident, as she could have asked either of her two male passengers to drive since they had not consumed alcohol,” the ruling said.
“Yen drove at high speed and ran through two red lights. Under such highly dangerous conditions, she caused a fatal accident. She did not stop to check on the victim, but drove away. Punishment must therefore be meted out for this serious crime,” the ruling said.
Chen’s family has filed a civil suit against Yen to seek compensation.
The case is pending.
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