Legislator Case Law & Legislation
II K 202/18 AI generated

Court conditionally dismissed drunk driving case with fine and court costs due to low alcohol level.

Case Number II K 202/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court conditionally dismissed the criminal proceedings against the defendant for driving under the influence, imposing a one-year probation period instead of a prison sentence. The defendant argued for leniency based on his first-time offense and low alcohol level, while the prosecution sought a standard penalty. The court ruled that the social harm was not significant given the alcohol level barely exceeded the legal limit and the defendant had no prior criminal record, making a suspended sentence appropriate.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 66 § 1, 2 k.k.; Art. 67 § 3 k.k. in conjunction with Art. 43a § 1 k.k.; Art. 629 k.p.k. The court may conditionally dismiss criminal proceedings for driving under the influence when the social harm is not significant and the offender has no prior criminal record, allowing for a suspended sentence with a monetary fine but without a driving ban.

Keywords

AI generated
drunk driving conditional dismissal suspended sentence alcohol limit social harm assessment court costs first time offender

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 66 § 1 and 2 k.k.
Art. 67 § 3 k.k. in conjunction with Art. 43a § 1 k.k.
Art. 629 k.p.k.
art. 67 § 1 k.k
art. 67 § 3 k.k
art. 629 k.p.k
art. 39 pkt 7 k.k
art. 115 § 2 k.k
AI generated

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