Legislator Case Law & Legislation
V K 234/16 AI generated

Court sentenced drunk driver to 10 months prison and lifetime ban for recidivism within 5 years.

Case Number V K 234/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Giżycko sentenced the defendant to ten months of imprisonment and a lifetime ban on driving for operating a vehicle while intoxicated. The court found the defendant guilty of recidivism under Article 64 of the Criminal Code, having committed a similar offense within five years of serving a six-month sentence. Consequently, the court rejected the possibility of probation due to the high social danger posed by the defendant's repeated violations and failure to pay alimony.

Legislator headnote

AI generated

Art. 178a § 4 k.k.; Art. 64 § 1 k.k.; Art. 42 § 3 k.k.; Art. 43 § 3 k.k.; Art. 43a § 2 k.k. – A repeat offender who commits a drunk driving offense within five years of serving a short custodial sentence for a similar crime is subject to immediate imprisonment and a lifetime driving ban, with probation excluded due to the severity of the recidivism.

Keywords

AI generated
drunk driving recidivism lifetime driving ban immediate imprisonment Criminal Code recidivism probation exclusion social danger assessment alcohol intoxication penalty

Cited Legislation

AI generated
Art. 178a § 4 k.k.
Art. 64 § 1 k.k.
Art. 42 § 3 k.k.
Art. 43 § 3 k.k.
Art. 43a § 2 k.k.
Art. 69 § 4 k.k.
Art. 45 ust. pkt 1 ustawy Prawo o ruchu drogowym

Cited Case Law

AI generated
II K 15/10

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