Legislator Case Law & Legislation
II K 816/17 AI generated

Court conditionally suspended proceedings for drunk driving due to low alcohol levels and lack of prior record.

Case Number II K 816/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court conditionally suspended criminal proceedings against the defendant for driving under the influence of alcohol at a level of 0.69 mg/l. While the defendant admitted to the offense, the court found the social harm not significant enough to warrant a prison sentence or a driving ban, citing the low alcohol concentration and the defendant's clean criminal record. Consequently, the court imposed a three-year probation period, ordered a monetary fine, and exempted the defendant from a driving ban due to their health condition.

Legislator headnote

AI generated

Art. 66 § 1, 2 k.k.; Art. 67 § 3 k.k. in conjunction with Art. 43a § 1 k.k.; Art. 3 k.k.; Art. 115 § 2 k.k.: The court may conditionally suspend criminal proceedings for drunk driving when the social harm is not significant, the offender has no prior record, and a driving ban would cause disproportionate hardship.

Keywords

AI generated
drunk driving conditional suspension social harm assessment driving ban exemption monetary fine probation period humanitarian principle

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 66 § 1 and 2 k.k.
Art. 67 § 1 k.k.
Art. 67 § 3 k.k.
Art. 43a § 1 k.k.
Art. 3 k.k.
Art. 115 § 2 k.k.
Art. 629 k.p.k.
art. 67 § 1 k.k
art. 67 § 3 k.k

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