Legislator Case Law & Legislation
II K 1100/19 AI generated

Court sentenced defendant to 8 months imprisonment and 2-year driving ban for driving while legally prohibited.

Case Number II K 1100/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of driving a motor vehicle in violation of a previously effective court order banning him from driving for one year. The prosecution argued for a heavy sentence due to the high social danger and recidivism, while the defense cited the defendant's admission of guilt, remorse, and financial hardship supporting three children. The court accepted the evidence, imposed an eight-month prison sentence with community service, a two-year driving ban, and credited the defendant's temporary detention toward the final term.

Legislator headnote

AI generated

Art. 244 k.k.; Art. 37a k.k.; Art. 42 § 1a pkt 2 k.k.; Art. 63 § 1 k.k.; Art. 624 § 1 k.p.k.: A court may impose a restriction on driving as a criminal measure and apply probationary work when a defendant violates a prior prohibition order, balancing aggravating factors like recidivism against mitigating circumstances such as confession and family needs.

Keywords

AI generated
violation of driving ban criminal sentence imprisonment restriction on driving measure recidivism aggravating circumstance temporary detention credit exemption from court costs community service obligation

Cited Legislation

AI generated
Art. 244 k.k.
Art. 37a k.k.
Art. 42 § 1a pkt 2 k.k.
Art. 63 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 244 k.k
art. 63 § 1 k.k
art. 624 § 1 k.p.k
art. 387 k.p.k
AI generated

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