Legislator Case Law & Legislation
II K 21/20 AI generated

Court convicts drunk driver of traffic offense and imposes fine, license ban, and compensation.

Case Number II K 21/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a motor vehicle while intoxicated and sentenced him to a fine, a three-year driving ban, and compensation to the victim's fund. The prosecution argued that the defendant's high level of intoxication and prior traffic violations warranted a strict penalty, while the defense claimed his employment status and admission of guilt should mitigate the punishment. The court rejected the defense's request for leniency, ruling that the mandatory minimums for drunk driving and the defendant's subjective fault necessitated the full statutory sanctions.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk; Art. 33 § 1 kk; Art. 3 kk: The court must impose the statutory minimum penalty for drunk driving when the defendant admits guilt but exhibits high subjective fault and prior record, ensuring the punishment meets preventive and educational goals.

Keywords

AI generated
drunk driving offense mandatory minimum penalty driving license ban victim compensation fund subjective fault assessment traffic safety violation criminal sentencing guidelines

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 33 § 1 kk
Art. 3 kk
Art. 42 § 2 kk
Art. 63 § 4 kk
Art. 43a § 2 kk
Art. 3 ust. 1 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych
Art. 627 kpk
art. 387 k.p.k

Cited Case Law

AI generated
IV KK 29/08
AI generated

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