Legislator Case Law & Legislation
II K 451/19 AI generated

Court convicts drunk driver of driving under influence and imposes fine, driving ban, and compensation payment.

Case Number II K 451/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a motor vehicle while intoxicated and sentenced him to a fine of 50 daily rates, a three-year driving ban, and a monetary payment of 5,000 zloty. The prosecution argued that the defendant's behavior, characterized by high alcohol levels and driving erratically, constituted a serious social harm warranting punishment. The court upheld the conviction, noting the defendant's subjective awareness of illegality and lack of mitigating circumstances, while applying the agreed-upon sentence terms from the preparatory proceedings.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 33 § 1, 3 kk; Art. 42 § 2 kk; Art. 43a § 2 kk: Driving a motor vehicle while intoxicated constitutes a punishable offense, and the court must impose the agreed-upon penalty terms from preparatory proceedings when the facts are clear and the defendant is not exempt from liability.

Keywords

AI generated
drunk driving intoxication offense driving ban criminal fine victim compensation preparatory proceedings subjective fault

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 33 § 1 kk
Art. 33 § 3 kk
Art. 42 § 2 kk
Art. 43a § 2 kk
Art. 3 ust. 1 ustawy o opłatach sprawach karnych z dnia 23.06.1973r.
Art. 627 kpk

Cited Case Law

AI generated

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