Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II K 847/17 AI generated

Court convicted drunk driver of dangerous driving, rejecting conditional dismissal due to significant social harm.

Case Number II K 847/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of dangerous driving while intoxicated and imposed a fine, a three-year driving ban, and compensation for victims. The defendant argued for conditional dismissal based on his confession, remorse, and the low traffic volume at the scene, but the court rejected these mitigating factors. The court determined that the defendant's motivation to ride a damaged motorcycle while drunk created significant social harm, failing to meet the requirements for conditional dismissal under Polish law.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 66 § 1 kk: Conditional dismissal of criminal proceedings is only possible when the offender's guilt and the social harm of the act are not significant; driving a damaged motorcycle while intoxicated constitutes significant social harm.

Keywords

AI generated
dangerous driving intoxication conditional dismissal social harm driving ban victim compensation criminal liability

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 42 § 2 kk
Art. 43 § 1 kk
Art. 43a § 2 kk
Art. 63 § 4 kk
Art. 627 k.p.k.
Art. 66 § 1 kk
Art. 115 § 2 kk
Art. 39 pkt. 7 kk
AI generated
VIII K 191/15
Court convicted defendant of drunk driving recidivism, imposing 5 months prison and 3-year driving ban.
II K 883/16
Court convicted driver of drunk driving, imposing fine, driving ban, and compensation payment.
II K 1295/22
Court rejects conditional dismissal for drunk driving due to high social harm and lack of prior record.
II K 876/22
Court convicted drunk driver of dangerous driving, imposing fine, prison time, and driving ban.
II K 367/24
Court convicts drunk driver for 3-year ban and confiscates vehicle due to high alcohol levels.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text