Legislator Case Law & Legislation
II K 11/16 AI generated

Court convicts drunk driver for lifetime ban due to prior convictions and lack of criminal prognosis.

Case Number II K 11/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving while intoxicated in violation of a lifetime driving ban, sentencing him to ten months in prison. The prosecution argued that previous penalties failed to achieve preventive goals, while the defense claimed the defendant was irresponsible but not recidivist enough for immediate imprisonment. The court ruled that given the defendant's history of similar offenses and the dangerous nature of the specific route taken, only a suspended sentence without probation could effectively deter future crimes.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 42 § 4 kk; Art. 43a § 2 kk: When a defendant repeatedly commits drunk driving offenses in violation of existing bans, and prior measures have proven ineffective, the court must impose immediate imprisonment and a lifetime driving ban to ensure preventive effect.

Keywords

AI generated
drunk driving offense lifetime driving ban recidivism assessment preventive criminal policy immediate imprisonment

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 42 § 4 kk
Art. 43a § 2 kk
Art. 627 k.p.k.

Cited Case Law

AI generated

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