II K 577/19
AI generated
Court grants conditional probation for drunk driving due to minor fault and lack of prior record.
Legislator summary
AI generatedThe court convicted the defendant of driving under the influence but granted conditional probation for two years. Facts show the driver had 0.50 mg/l alcohol in breath while attempting to help his sick wife, with no prior criminal record. The court found the fault and social harm minor, justifying probation despite the conviction.
Legislator headnote
AI generatedArt. 66 § 1 k.k.; Art. 115 § 2 k.k.: Conditional probation is applicable when fault and social harm are minor, the offender has no prior record, and shows remorse, as seen in this case where the defendant drove drunk to assist his ill wife.
Keywords
AI generated
drunk driving conviction
conditional probation
minor fault
no prior record
social harm assessment
remorse finding
driving ban
Cited Legislation
AI generatedArt. 178a § 1 k.k.
Art. 66 § 1 k.k.
Art. 67 § 1 k.k.
Art. 67 § 3 k.k.
Art. 63 § 4 k.k.
Art. 115 § 2 k.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 66 § 1 k.k
art. 115 § 2 k.k
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