Legislator Case Law & Legislation
II K 367/19 AI generated

Court imposes suspended sentence and driving ban for minor drunk driving offense with minimal alcohol level.

Case Number II K 367/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving while intoxicated under Polish Criminal Code Article 178a and imposed a suspended sentence with a one-year probation period. The defendant admitted guilt, had a low blood alcohol level of 0.28 mg/l, and was a first-time offender with a stable livelihood. The court granted a driving ban but exempted the defendant from operating agricultural machinery to protect his sole source of income.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 67 § 3 kk; Art. 63 § 4 kk: The court may impose a suspended sentence for minor drunk driving offenses where the defendant admits guilt, shows low alcohol levels, and possesses personal circumstances indicating a low risk of reoffending, while tailoring driving bans to avoid undue hardship on the defendant's livelihood.

Keywords

AI generated
drunk driving offense suspended sentence probation period driving ban agricultural exemption first time offender minimal alcohol level

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 63 § 4 kk
Art. 115 § 16 kk
Art. 627 kpk
Art. 629 kpk
Ustawa z dnia 23.06.1973r. o opłatach w sprawach karnych
AI generated

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