Legislator Case Law & Legislation
V K 101/17 AI generated

Court sentenced drunk driver to 10 months prison and lifetime ban for repeat offense.

Case Number V K 101/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving while intoxicated and violating a prior license revocation decision, resulting in a ten-month prison sentence and a lifetime driving ban. The prosecution argued that the defendant's prior convictions and refusal to obey administrative orders demonstrated high culpability and a need for special prevention. The court upheld the conviction, imposing a heavier penalty than the lesser offense charged to ensure the intended deterrent effect.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 180a kk; Art. 42 § 3 kk; Art. 43a § 2 kk; Art. 624 § 1 kpk: When a defendant commits a qualified offense of driving while intoxicated while already having revoked driving rights and prior convictions, the court must impose a heavier custodial sentence and a lifetime driving ban to achieve special prevention.

Keywords

AI generated
driving while intoxicated recidivism sentencing lifetime driving ban special prevention license revocation violation

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 180a kk
Art. 11 § 2 kk
Art. 42 § 3 kk
Art. 43a § 2 kk
Art. 624 § 1 kpk
Art. 423 § 1 a kpk

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