Legislator Case Law & Legislation
IV K 689/18 AI generated

Court convicts drunk driver of two offenses and merges driving bans into a five-year total ban.

Case Number IV K 689/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of driving under the influence on two separate occasions and imposed combined sentences. The prosecution argued for distinct punishments, but the court noted the close temporal proximity and similar nature of the offenses. Consequently, the judge merged the individual driving bans into a single five-year prohibition and set the minimum financial compensation.

Legislator headnote

AI generated

Art. 85 § 1, 2 k.k.; Art. 86 § 1, 3 k.k.; Art. 90 § 2 k.k. In cases of concurrent crimes where identical types of penalties are imposed, the court must combine them into a single total penalty, applying the principle of asperation to ensure the combined duration reflects the gravity of the repeated offenses.

Keywords

AI generated
drunk driving concurrent crimes merging penalties driving ban total penalty aspiration of penalties criminal liability

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43 § 1 k.k.
Art. 43a § 2 k.k.
Art. 85 § 1, 2 k.k.
Art. 86 § 1, 3 k.k.
Art. 90 § 2 k.k.
Art. 63 § 1 k.k.
Art. 627 k.p.k.
Art. 2 ust. 1 pkt 4 i ust. 2 ustawy o opłatach w sprawach karnych
AI generated

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