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V K 199/16 AI generated

Court convicts driver for drunk driving with 1.05 BAC, sentencing to fine, driving ban, and compensation payment.

Case Number V K 199/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of driving a motor vehicle while intoxicated with a blood alcohol concentration of 1.05 promiles. The prosecution argued that the high alcohol level and the defendant's refusal to submit to a breath test confirmed the crime, while the defense raised no significant mitigating factors. Consequently, the court imposed a fine of 50 daily rates, a three-year ban on driving, and a monetary payment to victim assistance funds, rejecting any claims of innocence or lesser punishment.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 63 § 4 kk; Art. 43a § 2 kk: Driving a motor vehicle with a blood alcohol concentration exceeding 0.5 promiles constitutes a crime punishable by a fine and a mandatory driving ban, regardless of whether the vehicle was operated safely.

Keywords

AI generated
drunk driving blood alcohol concentration mandatory driving ban criminal fine victim compensation police control intoxication threshold

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 33 § 1 kk
Art. 33 § 3 kk
Art. 42 § 2 kk
Art. 63 § 4 kk
Art. 43a § 2 kk
Art. 115 § 16 kk
Art. 3 ust. 1 ustawy z dnia 23 czerwca 1973r. o opłatach w sprawach karnych
Art. 627 kpk
AI generated
VII K 149/17
Court convicts drunk driver of 2.36‰ BAC, imposes 200-day fine, 3-year ban, and 5000zł compensation.
II K 406/24
Court convicted defendant of drunk driving and imposed fine, license ban, and compensation payment.
II K 435/16
Court imposes 4-year driving ban and 5,000 PLN fine for drunk driving conviction.
II K 691/13
Court convicted defendant of drunk driving under Art. 178a § 4 kk and suspended sentence with driving ban.
II K 275/17
Court convicts drunk driver of driving under influence, suspends prison sentence, imposes license ban and fine.

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