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II K 514/20 AI generated

Court convicts defendant of drug possession and driving under influence, sentencing to fine and driving ban.

Case Number II K 514/20
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 possessing marijuana and driving under the influence, imposing a combined fine of 200 daily rates and a three-year driving ban. The prosecution argued for a harsher penalty due to prior ineffective probation, while the defense contended the offenses were minor and occurred in non-urban areas. The court rejected the defense's request for leniency, citing the need for full cumulation of penalties and the principle of prevention regarding repeated violations.

Legislator headnote

AI generated

Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii; Kodeks karny; when a defendant commits multiple offenses including drug possession and driving under influence, the court must apply the principle of full cumulation of penalties and impose a driving ban if the circumstances warrant it.

Keywords

AI generated
drug possession offense driving under influence principle of full cumulation driving ban sanction probation ineffectiveness daily fine rates compensation to victims

Cited Legislation

AI generated
art. 62 ust. 1 ustawy z dnia 29 lipca 2005 roku o przeciwdziałaniu narkomanii
art. 178a§1 kk
art. 37a kk
art. 85§1 kk
art. 86§1 i §2 kk
art. 42§2 kk
art. 63§4 kk
art. 43§3 kk
art. 43a§2 kk
art. 63§1 kk
AI generated
IV K 290/15
Court convicted driver of drunk driving and imposed a four-year driving ban under the more lenient Criminal Code.
II Ka 511/13
Court quashes drug trafficking verdict due to procedural errors and selective evidence evaluation.
II W 507/13
Court convicted driver of marijuana use while driving, imposing fine and one-year driving ban.
II K 65/26
Court convicted defendant of drug possession and driving under influence, applying consensual trial rules.

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