Legislator Case Law & Legislation
II K 1170/16 AI generated

Court convicts defendant of drunk driving, sentencing him to a fine, driving ban, and compensation.

Case Number II K 1170/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of drunk driving and imposed a fine of 50 daily rates, a three-year driving ban, and a monetary compensation of 5,000 PLN. The prosecution argued that the defendant's blood alcohol level of 0.86 mg/l and prior criminal record warranted a severe penalty, while the defense claimed financial hardship. The court rejected mitigating factors but acknowledged the defendant's ability to pay due to his age and health, ultimately upholding the sentence as proportionate to the social harm and the defendant's culpability.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43 § 1 k.k.; Art. 43a § 2 k.k.; Art. 63 § 4 k.k.; Art. 624 § 1 k.p.k.: Driving under the influence of alcohol constitutes a punishable offense, mandating a driving ban and compensation, while fines must be calibrated to the offender's financial capacity to ensure proportionality.

Keywords

AI generated
drunk driving offense alcohol concentration limit driving ban duration criminal fine calculation victim compensation fund court costs exemption proportionality principle

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43 § 1 k.k.
Art. 43a § 2 k.k.
Art. 63 § 4 k.k.
Art. 624 § 1 k.p.k.
Art. 53 § 1 and 2 k.k.
Art. 33 § 3 k.k.
art. 42 § 2 k.k
art. 43 § 1 k.k

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