Legislator Case Law & Legislation
II K 445/16 AI generated

Court convicts drunk driver for DUI, applies prior conviction erasure, and imposes fine and license ban.

Case Number II K 445/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of driving a motor vehicle while intoxicated and sentenced him to a fine of 40 daily rates and a three-year driving ban. The prosecution alleged a prior conviction under Article 178a § 4 of the Criminal Code, but the court determined that the defendant had fulfilled his obligations in the earlier case, resulting in the erasure of that prior conviction. Consequently, the court applied the standard sentencing provisions for drunk driving rather than the aggravated penalty for recidivism.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 178a § 4 k.k.; Art. 66-67 k.k.; Art. 42 § 2 k.k.; Art. 43 § 3 k.k.; Art. 43a § 2 k.k. - The court may apply standard drunk driving penalties when a prior conviction is erased due to fulfilled obligations, rather than imposing aggravated recidivism penalties.

Keywords

AI generated
drunk driving prior conviction erasure Criminal Code sentencing guidelines driving ban fine imposition victim compensation

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 178a § 4 k.k.
Art. 33 § 1 k.k.
Art. 3 k.k.
Art. 42 § 2 k.k.
Art. 43 § 3 k.k.
Art. 43a § 2 k.k.
Art. 66-67 k.k.
Art. 624 § 1 k.p.k.
AI generated

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