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II K 51/20 AI generated

Court imposes fine, driving ban, and compensation for drunk driving offense under Polish Criminal Code.

Case Number II K 51/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of drunk driving and imposed a fine of 90 daily rates, a three-year driving ban, and a 5,000 PLN compensation payment. The prosecution argued for these penalties based on the defendant's high blood alcohol level and intentional misconduct, while the defense highlighted her financial hardship and lack of prior record. The court ruled that the statutory minimums for the driving ban and compensation were mandatory, and the fine was adjusted considering her personal circumstances.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43a § 2 k.k.; Art. 3 ust. 1 ustawy o opłatach w sprawach karnych; Art. 624 § 1 k.p.k.: The court must impose the statutory minimum driving ban and compensation for drunk driving, while adjusting the fine amount based on the offender's material situation and personal circumstances.

Keywords

AI generated
drunk driving offense criminal penalty fine driving ban duration victim compensation payment court cost allocation procedural sentencing polish criminal code

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 33 § 1 k.k.
Art. 3 k.k.
Art. 42 § 2 k.k.
Art. 43a § 2 k.k.
Art. 3 ust. 1 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych
Art. 624 § 1 k.p.k.
art. 387 k.p.k

Cited Case Law

AI generated
IV KK 29/08
AI generated
II K 681/15
Court convicted drunk driver of 0.35mg/dm3 alcohol for 6 months probation and 3-year driving ban.
II K 1359/21
Court convicts drunk driver of traffic offense and imposes mandatory fine and driving ban.
II K 692/16
Court imposes 3-year driving ban and 5,000 PLN fine for drunk driving with blood alcohol levels of 0.37-0.38 mg/l.
II K 263/16
Court grants suspended probation for drunk driving due to low alcohol levels and defendant's personal circumstances.
VI K 437/15
Court convicts defendant of drunk driving, imposing fine, driving ban, and compensation payment.

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