Legislator Case Law & Legislation
II K 687/14 AI generated

Court convicts drunk driver for recidivism and imposes six-month prison sentence with four-year ban.

Case Number II K 687/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a motor vehicle while intoxicated, citing his prior conviction and failure to comply with a driving ban. The prosecution argued that the defendant's lack of remorse and repeated offenses warranted immediate imprisonment rather than a suspended sentence. Consequently, the court imposed a six-month prison term and a four-year prohibition on driving, rejecting the defense's request for a suspended sentence due to the defendant's poor criminal prognosis.

Legislator headnote

AI generated

Art. 178a § 4 k.k.; Art. 58 § 4 k.k.; Art. 69 § 4 k.k.: Driving a motor vehicle while intoxicated constitutes a formal offense requiring criminal liability regardless of actual danger caused; however, immediate imprisonment is mandated when the offender has a poor criminal prognosis due to prior similar convictions and lack of remorse, precluding the application of a suspended sentence.

Keywords

AI generated
drunk driving offense recidivism aggravation immediate imprisonment suspended sentence prohibition driving ban duration

Cited Legislation

AI generated
Art. 178a § 4 k.k.
Art. 58 § 4 k.k.
Art. 69 § 4 k.k.
Art. 42 § 2 k.k.
Art. 626 § 1 k.p.k.
Art. 627 k.p.k.
art. 42 § 2 k.k
art. 626 § 1 k.p.k
art. 627 k.p.k
art. 5 § 2 k.p.k

Cited Case Law

AI generated
SN z dnia 24 listopada 1960 r. sygn. akt V K 556/60

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text