Legislator Case Law & Legislation
II K 577/19 AI generated

Court grants conditional probation for drunk driving due to minor fault and lack of prior record.

Case Number II K 577/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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
AI generated

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