II K 375/12 AI generated

Court convicts drunk driver for recidivism, suspends sentence, imposes driving ban and fine.

Case Number II K 375/12

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2012-08-02

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of driving under the influence while previously serving a ban on operating vehicles. The prosecution argued that the high blood alcohol level and prior conviction demonstrated a disregard for the law, while the defense contested the severity of the penalty. The court found the defendant guilty, imposed a suspended sentence with a two-year driving ban and a fine, noting the defendant's cooperative attitude allowed for a positive future prognosis.

Legislator headnote

AI generated

Art. 178a §4 kk; Art. 69 §1, 2, 4 kk; Art. 42 §2 kk; Art. 49 §2 kk: A repeat offender driving under the influence is convicted and sentenced, but a suspended sentence may be applied if the court deems a positive prognosis of future behavior possible despite the aggravating circumstances of recidivism.

Keywords

AI generated

drunk driving recidivism suspended sentence probation driving ban prohibition criminal fine victim fund court costs litigation alcohol concentration limit traffic safety offense

Cited Legislation

AI generated

Art. 178a §4 kk

Art. 69 §1, 2 and 4 kk in conjunction with Art. 70 §1 point 1 kk

Art. 42 §2 kk in conjunction with Art. 43 §1 kk

Art. 49 §2 kk in conjunction with Art. 39 point 7 kk

Art. 627 kpk

Act of June 23, 1973 on court fees in criminal proceedings

Court convicts drunk driver for recidivism, suspends sentence, imposes driving ban and fine.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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