Legislator Case Law & Legislation
II K 293/18 AI generated

Court imposes daily fine, lifetime driving ban, and compensation for drunk driving recidivism.

Case Number II K 293/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of drunk driving while previously suspended from driving, resulting in a daily fine, a lifetime driving ban, and compensation payments. The prosecution argued for a prison sentence due to the high blood alcohol levels and prior conviction, but the defendant claimed the ten-year gap since the last offense warranted leniency. The court rejected the prison sentence as inappropriate given the long period of law-abiding behavior since the prior offense, yet upheld the mandatory lifetime ban and financial penalties based on the severity of the current act and the defendant's financial situation.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 42 § 3 kk; Art. 43a § 2 kk; When a driver commits drunk driving while having previously lost driving rights, the court must impose a lifetime ban unless exceptional circumstances exist, and must order compensation payments regardless of the specific prison sentence applied.

Keywords

AI generated
drunk driving recidivism lifetime driving ban daily fine sentencing compensation to victims suspended driving rights blood alcohol level prevention of crime

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 178a § 1 kk
Art. 180a kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 37a kk
Art. 42 § 3 kk
Art. 43a § 2 kk
Art. 627 kpk
Art. 53 kk
AI generated

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