Legislator Case Law & Legislation
VII K 799/16 AI generated

Court imposes 50 daily fine, 3-year driving ban, and 5000 PLN compensation for drunk driving offense.

Case Number VII K 799/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of drunk driving and imposed a 50 daily fine, a three-year driving ban, and a 5000 PLN compensation payment. The prosecution argued for a prison sentence, but the court rejected this due to the defendant's first offense and low recidivism risk. Consequently, the court applied the statutory minimum driving ban and set the fine based on the defendant's income to ensure proportionality.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk; When a first-time offender commits drunk driving, the court may impose a driving ban and fine instead of imprisonment if the ban serves individual and general prevention purposes.

Keywords

AI generated
drunk driving offense driving ban duration daily fine calculation compensation to victims proportionality principle first time offender criminal sanction

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 42 § 2 kk
Art. 43a § 2 kk
Art. 63 § 4 kk
Art. 63 § 1 kk
Art. 627 kpk
Ustawy z dnia 23 czerwca 1973 roku o opłatach w sprawach karnych
AI generated

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