V K 177/14
AI generated
Court convicts drunk driver of lesser offense, sets 50-day fine and 2-year driving ban.
Poland (PL)
Legislator summary
AI generatedThe Regional Court in Giżycko convicted the defendant of driving a vehicle while intoxicated, finding him guilty of the lesser offense under Article 178a §1 of the Criminal Code. The court determined that the statutory limitation period for the prior conviction had expired by law, even though the entry remained in the criminal register. Consequently, the defendant was sentenced to a fine of 50 daily rates and a mandatory two-year ban on operating any motor vehicle.
Legislator headnote
AI generatedArt. 178a §1 kk; Art. 108 k.k.: The court may independently determine that a prior conviction has expired by law under Art. 108 k.k., treating the removal of the entry as a declaratory act required by Art. 106 k.k. when the limitation period has elapsed.
Keywords
AI generated
drunk driving conviction
statutory limitation period
criminal record expirations
mandatory driving ban
daily fine sentencing
lesser offense qualification
declaratory removal of entry
Cited Legislation
AI generatedArt. 178a §1 kk
Art. 33 §1 kk
Art. 33 §3 kk
Art. 42 §2 kk
Art. 49 §2 kk
Art. 63 §2 kk
Art. 108 k.k.
Art. 106 k.k.
Art. 76 k.k.
art. 76 k.k
Cited Case Law
AI generatedI PZP 13/80