Legislator Case Law & Legislation
II K 308/17 AI generated

Court sentenced drunk driver to daily fine, three-year driving ban, and victim compensation under Polish Criminal Code.

Case Number II K 308/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of driving under the influence of alcohol and sentenced him to a daily fine, a three-year driving ban, and a victim compensation payment. The prosecution argued for a penalty based on the defendant's blood alcohol level between 0.8 and 1.2 per mille, while the defense likely contested the severity or financial burden. The court balanced the need for general and individual prevention against the defendant's financial situation, resulting in a moderate fine and the minimum required compensation.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43a § 2 k.k.; Art. 63 § 4 k.k.; Art. 624 § 1 k.p.k.; Art. 17 ustawy o opłatach w sprawach karnych. The court must impose a driving ban and victim compensation for drunk driving offenses, adjusting the fine and compensation based on the offender's financial capacity and the degree of social harm.

Keywords

AI generated
drunk driving offense daily fine penalty driving ban duration victim compensation fund court costs exemption alcohol concentration level prevention policy

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43a § 2 k.k.
Art. 63 § 4 k.k.
Art. 624 § 1 k.p.k.
Art. 17 ustawy o opłatach w sprawach karnych

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