Court partially allowed appeal by modifying a driving ban to exclude heavy vehicle categories due to low alcohol level.
Legislator summary
AI generatedThe appellate court partially modified the first-instance judgment regarding a driving ban imposed on the defendant for drunk driving. While the defendant argued the six-month ban on all vehicles was disproportionately severe, the court acknowledged the low alcohol concentration indicated a relatively minor threat to public safety. Consequently, the ban was adjusted to exclude heavy vehicles requiring categories C and E, preserving the defendant's ability to work as a tow truck driver.
Legislator headnote
AI generatedArt. 87 § 3 k.w.; Art. 438 pkt. 4 k.p.k.: A driving ban for all vehicles may be modified to exclude heavy vehicle categories if the low alcohol level suggests the offense was incidental and the total ban would cause disproportionate hardship to the offender's livelihood.