II K 235/18
AI generated
Court acquits drunk driver for lack of evidence proving intoxication before entering ditch.
Legislator summary
AI generatedThe court acquitted the defendant of driving while intoxicated after finding the prosecution failed to prove he was drunk before entering the ditch. Although the expert witness suggested a two-stage alcohol consumption, the court noted the witness could not determine the exact amount consumed prior to the incident. Consequently, the evidence did not exclude the defendant's version that he drank entirely after the accident, leading to a not-guilty verdict.
Legislator headnote
AI generatedArt. 178a § 1 k.k.; Art. 632 pkt 2 k.p.k.: The court must acquit if the evidence does not exclude the defendant's version of events regarding the timing of alcohol consumption relative to the act of driving.
Keywords
AI generated
driving while intoxicated
alcohol consumption timing
expert witness opinion
burden of proof
acquittal due to doubt
Cited Legislation
AI generatedArt. 178a § 1 k.k.
Art. 632 pkt 2 k.p.k.
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