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II K 474/19 AI generated

Court imposes 10 months prison suspended for 2 years plus lifetime driving ban for repeat drunk driving.

Case Number II K 474/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of drunk driving while serving a prior ban and sentenced him to ten months of imprisonment suspended for two years. The prosecution argued that the defendant's high blood alcohol level and prior conviction warranted a prison term exceeding the statutory minimum. The court agreed, imposing a lifetime driving ban and a fine, but suspended the prison sentence due to the defendant's caring family role and stable employment.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 69 § 1, 2, 4 kk; Art. 70 § 1 kk; Art. 71 § 1 kk; Art. 42 § 3 kk; Art. 43a § 2 kk: When a driver commits drunk driving while under a prior ban, the court must impose a prison sentence exceeding the minimum, but may suspend execution if mitigating personal circumstances exist.

Keywords

AI generated
drunk driving prior ban violation suspended sentence lifetime driving ban criminal penalty reoffending alcohol content

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 69 § 1, 2 and 4 kk
Art. 70 § 1 kk
Art. 73 § 1 kk
Art. 71 § 1 kk
Art. 42 § 3 kk
Art. 43a § 2 kk
Art. 63 § 1 kk
Art. 627 kpk
Art. 616 § 1 and 2 kpk
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
AI generated
II K 327/17
Court convicts drunk driver of recidivism, imposing six-month prison term and lifetime driving ban.
IV Ka 359/13
Court reduced driving ban from 8 to 5 years and suspended prison sentence for drunk driving.
IV Ka 819/15
Appeal dismissed; drunk driving with prior ban and recidivism precludes lenient sentencing despite minor circumstances.
VI Ka 963/15
Court quashes drunk driving conviction due to improper factual findings preventing legal qualification change.
VI Ka 789/17
Appeal court reduced sentence and ban for drunk driving due to lack of intoxication level finding.

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