Legislator Case Law & Legislation
II K 1016/19 AI generated

Court imposes 4-year driving ban and fine for drunk driving despite prior conviction being expunged.

Case Number II K 1016/19
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, imposing a four-year ban on operating any motor vehicle and a compensatory payment of 5,000 zloty. Although the defendant argued that a prior conviction for the same offense had been expunged, the court found this did not negate the current act's criminal nature. The court determined that the statutory threshold for intoxication was clearly exceeded and the new penalty was appropriate given the defendant's circumstances.

Legislator headnote

AI generated

Art. 178a § 1, 4 k.k.; Art. 115 § 16 pkt 2 k.k.: The court established that a prior conviction expunged due to payment of compensation does not prevent a new conviction for the same act of driving while intoxicated if the statutory alcohol threshold is exceeded.

Keywords

AI generated
drunk driving intoxication threshold prior conviction expungement motor vehicle ban compensatory payment criminal liability statutory threshold

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 178a § 4 k.k.
Art. 115 § 16 pkt 2 k.k.
art. 387 k.p.k
art. 115 § 16 pkt 2 k.k
AI generated

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