V K 125/19
AI generated
Court sentenced drunk driver to 10 months of liberty restriction and 3-year driving ban.
Poland (PL)
Legislator summary
AI generatedThe Regional Court in Giżycko convicted the defendant of driving under the influence with a blood alcohol level of 1.91 promille. The court imposed a sentence of ten months of liberty restriction with mandatory unpaid social work and a three-year ban on driving motor vehicles. The court rejected the defendant's request for conditional dismissal of proceedings, ruling that the social harm of the offense was significant.
Legislator headnote
AI generatedArt. 178a § 1 k.k.; Art. 115 § 2 k.k.: The court must assess the social harm of a prohibited act based solely on elements related to the act itself, excluding personal circumstances of the offender or potential consequences of the imposed penalty.
Keywords
AI generated
drunk driving
liberty restriction
driving ban
social harm
conditional dismissal
alcohol concentration
criminal liability
Cited Legislation
AI generatedArt. 178a § 1 k.k.
Art. 34 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 42 § 2 k.k.
Art. 63 § 4 k.k.
Art. 43a § 2 k.k.
Art. 115 § 2 k.k.
Art. 624 § 1 k.p.k.
Cited Case Law
AI generatedWyr. SA w Łodzi z 18.08.1999 r., II AKa 129/99
Related Decisions
AI generatedVIII K 174/15
Court convicted defendant of drunk driving, imposing a fine, compensation, and a driving ban excluding tractors.
II K 440/17
Court grants suspended sentence for drunk driving under 0.79 mg/l with driving ban and fine.
II K 110/17
Court convicted driver of drunk driving for significant intoxication and imposed daily fine plus driving ban.
III K 485/16
Court grants suspended sentence and driving ban for drunk driving, citing low risk and first offense.
II K 616/14
Court imposed fine and driving ban for drunk driving while under prior ban, rejecting probation due to recidivism.