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II K 301/20 AI generated

Court convicts recidivist of drunk driving on motorbike, imposing six-month prison term and lifetime ban.

Case Number II K 301/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of drunk driving on a motorbike while being a recidivist, sentencing him to six months in prison. The prosecution argued for a harsher penalty due to the defendant's prior conviction within five years and high blood alcohol levels, while the defense highlighted the lower danger of a motorbike compared to a car. The court rejected the defense's request for a suspended sentence, citing the defendant's high social harm and previous criminal record as grounds for immediate execution of the sentence.

Legislator headnote

AI generated

Art. 178a § 1, 4 k.k.; Art. 64 § 1 k.k.; Art. 42 § 3 k.k.; Art. 43a § 2 k.k.; Art. 3 k.k.; Art. 53 § 1, 2 k.k.; When a defendant commits a recidivist offense of driving under the influence, the court must impose immediate imprisonment and a lifetime vehicle ban, disregarding mitigating factors regarding the vehicle type.

Keywords

AI generated
drunk driving recidivism motorcycle traffic offense lifetime vehicle ban immediate imprisonment sentence financial compensation order recidivist aggravating circumstance suspended sentence rejection

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 178a § 4 k.k.
Art. 64 § 1 k.k.
Art. 42 § 3 k.k.
Art. 43a § 2 k.k.
Art. 3 k.k.
Art. 53 § 1 k.k.
Art. 53 § 2 k.k.
Art. 624 § 1 k.p.k.
art. 64 § 1 k.k
AI generated
II Ka 597/23
Criminal appeal dismissed; court upheld lower court's partial acquittal and imposed costs on the defendant.
IV Ka 949/22
Appeal court quashes first-instance acquittal due to obvious factual error and remands for retrial.
II Ka 141/22
Appeal dismissed; private prosecutor's appeal against conviction upheld due to lack of procedural error affecting the verdict.
II AKa 355/20
Court partially allowed compensation claim for unjust detention, overturning lower court's dismissal of the claim.
II AKa 152/20
Appeal court partially allowed appeal regarding drug trafficking charges, overturning first instance sentencing on specific counts.

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