Legislator Case Law & Legislation
VI K 638/16 AI generated

Court convicts drunk driver for recidivism and imposes lifetime driving ban under Polish Criminal Code.

Case Number VI K 638/16
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, committing the offense during a period when a lifetime driving ban was already in effect. The prosecution argued that the defendant's high blood alcohol levels and prior conviction demonstrated a disregard for legal order, while the defendant admitted guilt but claimed he only intended to start the car. The court rejected the defense's argument for a suspended sentence, citing the defendant's recidivism and the significant social harm caused by the repeated offense.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 42 § 3 kk; Art. 43a § 2 kk; Art. 69 § 4 kk: A court must impose an immediate prison sentence and a lifetime driving ban for a repeat drunk driver who commits the offense while a ban is active, as special circumstances for a suspended sentence do not exist.

Keywords

AI generated
drunk driving recidivism lifetime driving ban suspended sentence rejection polish criminal code intoxication offense

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 42 § 3 kk
Art. 43a § 2 kk
Art. 69 § 4 kk
Art. 627 k.p.k.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text