Legislator Case Law & Legislation
II K 482/17 AI generated

Court convicts drunk driver of minor offense, imposing daily fine, three-year driving ban, and victim compensation.

Case Number II K 482/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving under the influence, finding him guilty based on breathalyzer readings between 0.48 and 0.52 mg/l. The prosecution argued for a standard penalty, while the defense highlighted the defendant's low income and lack of prior psychiatric treatment. The court balanced general and individual prevention needs against the defendant's financial hardship, resulting in a daily fine, a three-year driving ban, and a mandatory compensation payment to the victim fund.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 63 § 3 k.k.; Art. 43a § 2 k.k.; Art. 624 § 1 k.p.k.: When sentencing for driving under the influence, the court must impose a driving ban of at least three years and victim compensation, but may adjust the fine amount and utilize legal analogy to credit prior payments if the defendant's financial situation prevents bearing court costs.

Keywords

AI generated
driving under influence daily fine sentencing driving ban duration victim compensation fund court costs exemption analogy in criminal law financial hardship defense

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 63 § 3 k.k.
Art. 43a § 2 k.k.
Art. 624 § 1 k.p.k.
Art. 17 ust. ustawy o opłatach w sprawach karnych
AI generated

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