IV K 567/17
AI generated
Court convicts drunk driver of offense and imposes immediate prison term due to prior convictions.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of driving a motor vehicle while intoxicated and sentenced him to two months of immediate imprisonment. The prosecution argued that the defendant's history of multiple prior convictions, including previous prison terms, necessitated a harsher penalty. The court agreed, ruling that a suspended sentence was legally impossible given his recidivism and that immediate execution was required for effective prevention and social justice.
Legislator headnote
AI generatedArt. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43 § 1 k.k.; Art. 43a § 2 k.k.; Art. 63 § 1, 5 k.k.: Where a defendant is a recidivist with prior prison convictions, the court must impose immediate execution of the prison term and cannot apply a suspended sentence.
Keywords
AI generated
drunk driving offense
immediate prison term
recidivism penalty
suspended sentence prohibition
motor vehicle ban
compensatory payment
court costs waiver
Cited Legislation
AI generatedArt. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43 § 1 k.k.
Art. 43a § 2 k.k.
Art. 63 § 1 k.k.
Art. 63 § 5 k.k.
Art. 624 § 1 k.p.k.
art. 42 § 2 k.k
art. 43 § 1 k.k
art. 7 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedII K 302/22
Court imposes suspended prison sentence and lifetime driving ban for repeat drunk driving offense.
VIII K 46/16
Court convicted driver of drunk driving, imposing fine, driving ban, and compensation.
IV K 156/17
Court convicts defendant of drunk driving, sentencing him to daily fines, a three-year driving ban, and compensation.
VI K 443/14
Court convicts drunk driver of recidivism, suspends sentence and imposes driving ban.