Legislator Case Law & Legislation
II Ka 97/18 AI generated

Court dismissed appeal against traffic offense sentence, upholding conviction and fine due to lack of gross disproportionality.

Case Number II Ka 97/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against a traffic violation conviction and fine, ruling that the first-instance judgment must stand. The defendant argued that police failed to interview witnesses and that the driver's braking was excessive due to wet roads, but the court found these points insufficient to overturn the finding of fault under the Road Traffic Act. Consequently, the court determined the 200 zloty fine was not grossly disproportionate to the offense and the defendant's financial situation, thereby rejecting the request to reduce the penalty.

Legislator headnote

AI generated

Art. 86 § 1 kw; Art. 437 § 1 k.p.k.; Art. 109 § 2 k.p.w.; A traffic offense conviction and fine are upheld when the appellate court finds no gross disproportionality between the penalty imposed and the circumstances of the offense, even if the defendant contests the evidence or the severity of the breach.

Keywords

AI generated
traffic violation conviction gross disproportionality test appeal against fine Road Traffic Act criminal procedure appeal

Cited Legislation

AI generated
Art. 86 § 1 kw
Art. 437 § 1 k.p.k.
Art. 109 § 2 k.p.w.
Art. 636 § 1 k.p.k.
Art. 119 k.p.w.
Art. 17 prd
Art. 24 § 3 kw
Art. 8 ustawy z dnia 23 czerwca 1973r. o opłatach w sprawach karnych

Cited Case Law

AI generated
AI generated

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