Legislator Case Law & Legislation
II K 357/18 AI generated

Court imposes fine, driving ban, and compensation for drunk driving under Polish Criminal Code.

Case Number II K 357/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of drunk driving and imposed a fine, a three-year driving ban, and compensation to the victim fund. The prosecution argued for a penalty based on the statutory minimums, while the defense highlighted the defendant's first-time offense and professional status as a driver. The court balanced these factors, selecting a fine over imprisonment due to the defendant's low culpability and lack of prior record, while still enforcing the mandatory driving ban with specific exemptions for his professional license categories.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk; When multiple penalty types are available, the court must first consider if the least severe penalty achieves the goals of punishment; if so, deprivation of liberty is reserved for cases where other penalties fail to meet these objectives.

Keywords

AI generated
drunk driving criminal penalty driving ban victim compensation proportionality principle first time offender professional driver

Cited Legislation

AI generated
art. 178a § 1 kk
art. 42 § 2 kk
art. 43a § 2 kk
art. 63 § 4 kk
art. 3 ust. 1 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

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