Legislator Case Law & Legislation
IX Ka 163/14 AI generated

Appeal court partially allowed appeal by removing 'damaging road surface' from offense description due to lack of proof.

Case Number IX Ka 163/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appeal court partially modified the first-instance verdict by removing the phrase 'damaging road surface' from the description of the offense. The defendant argued he did not damage the road, but the court held that dragging a log constituted an obstruction under the relevant traffic violation statutes. Consequently, the court upheld the conviction for obstructing traffic while correcting the factual description to reflect only the proven elements of the crime.

Legislator headnote

AI generated

Art. 90 kw; Art. 100 pkt 2 kw: The act of dragging a large, unstable object along a public road constitutes an obstruction of traffic regardless of whether actual damage to the road surface is proven.

Keywords

AI generated
obstruction of traffic public road violation dragging logs road surface damage partial appeal success traffic offense factual description correction

Cited Legislation

AI generated
Art. 90 kw
Art. 100 pkt 2 kw
Art. 9 § 1 kw
Art. 24 § 1 i 3 kw
Art. 437 § 2 kpk
Art. 109 § 2 kpw
Art. 624 § 1 kpk
Art. 119 kpw

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