Legislator Case Law & Legislation
II K 644/16 AI generated

Court convicts drunk driver of driving under influence and imposes fine, ban, and compensation.

Case Number II K 644/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving under the influence of alcohol and sentenced him to a daily fine, a three-year driving ban, and a monetary compensation payment. The prosecution argued that the high blood alcohol levels and urban driving conditions demonstrated a high degree of guilt, precluding conditional dismissal. The court agreed, noting the defendant's lack of prior record and good professional reputation, but determined that the severity of the offense warranted a firm penalty to ensure general and individual prevention.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43a § 2 k.k.; Art. 53 k.k.; Art. 63 § 4 k.k.; Art. 627 k.p.k.; Ustawa o opłatach w sprawach karnych; The court must impose a penalty and specific measures when the degree of guilt and social harm is high, even if the offender has no prior criminal record, while balancing the need for prevention with the offender's personal circumstances.

Keywords

AI generated
driving under influence alcohol concentration daily fine penalty driving ban measure victim compensation fund court costs assessment degree of guilt

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43a § 2 k.k.
Art. 53 k.k.
Art. 63 § 4 k.k.
Art. 627 k.p.k.
Art. 3 ust. 1 ustawy o opłatach w sprawach karnych

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