Legislator Case Law & Legislation
VI K 393/16 AI generated

Court convicted drunk driver of driving under influence and suspended sentence with driving ban.

Case Number VI K 393/16
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 three months of imprisonment. Although the defendant argued that the penalty was too harsh given his financial situation and lack of prior record, the court found the evidence of intoxication conclusive. The court decided to suspend the sentence for two years while imposing a three-year driving ban and a fine, deeming the punishment proportionate to the social harm caused.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 69 § 1 kk; Art. 70 § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk: Driving a motor vehicle while intoxicated constitutes a punishable offense warranting imprisonment, which may be suspended if the defendant shows a positive future outlook, accompanied by a driving ban and compensation to the victim fund.

Keywords

AI generated
driving under influence intoxication penalty suspended sentence driving ban proportionality of punishment victim compensation fund motor vehicle operation

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 69 § 1 kk
Art. 70 § 1 kk
Art. 42 § 2 kk
Art. 43a § 2 kk
Art. 63 § 4 kk
Art. 627 kpk

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