II K 18/17
AI generated
Court mandates minimum 5000 PLN fine for drunk driving even when sentencing is suspended.
Poland (PL)
Legislator summary
AI generatedThe court upheld a mandatory monetary fine of 5,000 PLN imposed on a defendant found guilty of drunk driving, despite the suspension of the criminal penalty. Although the defendant argued that the law allowed for discretionary fines when sentencing is suspended, the court rejected this view. The decision established that for specific drunk driving offenses, the fine is a strict requirement with a statutory minimum that cannot be waived.
Legislator headnote
AI generatedArt. 43a § 1, § 2 kk; When sentencing is suspended for offenses under Art. 178a § 1 kk, the court is bound to impose a mandatory monetary fine of at least 5,000 PLN.
Keywords
AI generated
drunk driving penalty
suspended sentence
mandatory fine
statutory minimum
criminal sanction
fund for victims
Kodeks karny
Cited Legislation
AI generatedArt. 43a § 1 kk
Art. 43a § 2 kk
Art. 178a § 1 kk
Art. 31 § 2 kk
Art. 60 § 1 kk
Art. 60 § 7 kk
Art. 42 § 2 kk
Art. 43 § 2 kk
art. 424 § 3 k.p.k
Related Decisions
AI generatedII K 510/20
Court convicts drunk driver for recidivism, suspends sentence and imposes lifetime driving ban.
II K 872/24
Court convicted defendant of drunk driving, imposing suspended sentence, vehicle forfeiture, and fines.
II Ka 107/16
Court dismissed appeal against 3-year driving ban for drunk driving, citing disproportionate penalty and lack of mitigating circumstances.
I KS 5/22
Supreme Court dismisses appeal against appellate court's remittal due to poor first-instance reasoning not affecting verdict substance.
II K 151/18
Court convicted drunk driver of recidivism, suspended sentence, banned driving for 5 years, and exempted from court costs.