Legislator Case Law & Legislation
VI K 9/13 AI generated

Court grants suspended sentence and driving ban for minor drunk driving due to low social harm and personal hardship.

Case Number VI K 9/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of drunk driving but granted a suspended sentence with a one-year driving ban instead of immediate imprisonment. The defendant admitted guilt, cited personal financial hardship as a sole breadwinner, and the offense involved low alcohol levels and minimal traffic risk. The court ruled that immediate punishment would be disproportionately severe given the low social harm and the defendant's remorse.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 67 § 3 kk: When the social harm of a drunk driving offense is minor and the offender faces significant personal hardship, a suspended sentence with a driving ban is appropriate over immediate imprisonment.

Keywords

AI generated
drunk driving offense suspended sentence driving ban social harm assessment disproportionate punishment minor traffic violation personal hardship

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 39 pkt 3 kk
Art. 627 kpk
Art. 629 kpk

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