II K 634/19
AI generated
Court imposes life ban and 3-year prison term for repeat drunk driving offender under Polish law.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of drunk driving while previously serving a ban, resulting in a three-year prison sentence and a lifetime driving ban. The prosecution argued that the defendant's repeated offenses demonstrated a complete disregard for the law and high social danger. Consequently, the court applied mandatory statutory provisions to impose the maximum administrative penalty and a custodial sentence exceeding the statutory minimum.
Legislator headnote
AI generatedArt. 178a § 4 kk; Art. 42 § 4 kk; Art. 43a § 2 kk; Art. 64 § 1 kk: When a driver commits drunk driving while under a previously imposed ban, the court must impose a lifetime driving ban and a prison sentence that reflects the high degree of disregard for legal order.
Keywords
AI generated
drunk driving offense
lifetime driving ban
recidivism penalty
mandatory sentencing
public safety law
Cited Legislation
AI generatedArt. 178a § 4 kk
Art. 42 § 4 kk
Art. 43a § 2 kk
Art. 64 § 1 kk
Art. 63 § 1 kk
Art. 627 kpk
Art. 616 § 2 pkt 1 kpk
Art. 618 § 1 kpk
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
Related Decisions
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II Ka 411/13
Court dismissed appeal against 2-year driving ban for drunk driving, citing high social harm and lack of mitigating factors.
V Ka 684/13
Criminal appeal allowed; Regional Court omitted mandatory co-paragraphs in probation sentence under Art. 34 § 2 k.k.
II K 504/17
Court convicts drunk driver of traffic offense, imposes suspended sentence, driver supervision, and license ban.