Legislator Case Law & Legislation
II K 44/15 AI generated

Court convicts drunk driver of traffic offense, suspends sentence, and corrects fine calculation error.

Case Number II K 44/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a motorbike while intoxicated and sentenced him to three months of imprisonment, suspended for two years. Although the defendant argued for leniency based on his first-time offense, the court emphasized the excessive alcohol level and imposed a driving ban and a fine. The court noted a clerical error in calculating the fine amount and corrected it to align with the agreed daily rate, despite the inability to retroactively adjust the final sum.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 69 § 1, 2 kk; Art. 71 § 1 kk; Art. 42 § 2 kk; Art. 49 § 2 kk: A court may impose a suspended sentence for drunk driving when the offender shows a positive criminological prognosis, and must correct clerical errors in fine calculations that violate procedural agreements, even if the error cannot be fully rectified.

Keywords

AI generated
drunk driving conviction suspended sentence probation driving ban restriction fine calculation error procedural agreement violation criminal liability assessment alcohol concentration limit

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 69 § 1, 2 kk
Art. 70 § 1 pkt 1 kk
Art. 71 § 1 kk
Art. 33 § 1, 3 kk
Art. 42 § 2 kk
Art. 43 § 1 kk
Art. 4 § 1 kk
Art. 49 § 2 kk
Art. 335 kpk
Art. 624 § 1 kpk
Art. 627 kpk

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