Facts

In August 2010, [Chen Yen-Fei] drove a van passing Zhongxing Road in Changhua and had an altercation with the owner of another van and his family. Later, passenger Lin went to see a doctor and was diagnosed contusion of chest and pneumothorax. One month thereafter, Lin died.

The family of the victim brought a suit and claimed that Chen beated Lin after the traffic dispute resulting in his injuries and death. Forensic report concluded that the cause of Lin’s death is homicide and found that the beats after the traffic dispute caused contusion of chest and pneumothorax, which further led to Lin’s death after treatment. Based on the testimony of the witness and the forensic report, the court found Chen liable for infliction of bodily injury resulting in death and sentenced him seven years and six months in prison.

Issues

1. Lin claimed that he did not beat Lin. However, there was no video surveillance recorded the incident. The dispute was decided based solely on the testimony of the family of the victim.
2. The forensic expert referred to the record prepared by the police and prosecution and learned that the deceased had been beaten in the traffic dispute, thus, found his death caused by homicide.
3. The deceased was a terminal cancer patient who also suffered from tuberculosis. His chest tube has been removed. It was questionable if the conflicts after the traffic dispute led to his injury and death.

Progress

On behalf of Chen, a group of attorneys has filed a petition for retrial.

Taichung High Court had opened the case in Jan. 30, 2016. Mr. Chen was released in February 4th. The case is in the proceeding.