V K 123/17
AI generated
Court imposes suspended sentence and driving ban for drunk driving despite prior suspended sentence.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of drunk driving and imposed a suspended sentence with a one-year driving ban. The defendant argued that the mandatory three-year ban should have been applied instead, claiming the one-year ban would destroy his sole source of income. The court rejected this, ruling that the specific circumstances and the defendant's remorse justified the lighter ban while maintaining the financial penalty.
Legislator headnote
AI generatedArt. 178a § 1 kk; Art. 42 § 2 kk; Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 115 § 2 kk: The court may impose a driving ban shorter than the statutory minimum if the circumstances of the offense and the offender's attitude warrant it, provided the ban does not exceed the minimum period for the specific type of offense.
Keywords
AI generated
drunk driving
suspended sentence
driving ban
statutory minimum
discretionary sentencing
income loss
remorse
Cited Legislation
AI generatedArt. 178a § 1 kk
Art. 42 § 2 kk
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 115 § 2 kk
Art. 629 kpk
Art. 627 kpk
Ustawa o opłatach w sprawach karnych z dnia 23 czerwca 1973r
art. 66 § 1 k.k
art. 115 § 2 k.k
Related Decisions
AI generatedVII K 715/15
Court convicted drunk driver of dangerous driving, imposing fine, driving ban, and compensation.
IV Ka 781/18
Court dismissed appeal against drunk driving conviction, upholding sentence and driving ban as proportionate.
II K 160/16
Court convicted defendant of drunk driving, imposing six months of community service and a three-year driving ban.
II K 319/15
Court granted suspended sentence and fines for drunk driving but exempted mandatory license ban.
VIII K 174/15
Court convicted defendant of drunk driving, imposing a fine, compensation, and a driving ban excluding tractors.