II Ka 636/21
AI generated
Court modifies drunk driving sentence by adding prior convictions and increasing penalty due to factual errors.
Poland (PL)
Legislator summary
AI generatedThe appellate court modified the first-instance judgment by correcting factual errors regarding the defendant's prior drunk driving convictions. The prosecution argued that the original record omitted these previous sentences, which should have been considered under Article 178a § 4 of the Criminal Code. Consequently, the court increased the prison term to five months, raised the fine to 10,000 zlotys, and imposed a lifetime ban on driving vehicles.
Legislator headnote
AI generatedArt. 178a § 4 kk; Art. 438 § 3 k.p.k.: The court must correct factual errors in the first-instance judgment that affect the legal qualification of the act, leading to a heavier penalty when prior convictions are omitted.
Keywords
AI generated
drunk driving
prior convictions
factual error
appellate review
Criminal Code
lifetime ban
prosecution appeal
Cited Legislation
AI generatedArt. 178a § 4 kk
Art. 438 § 3 k.p.k.
Art. 42 § 3 kk
Art. 634 k.p.k.
Art. 624 § 1 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
Related Decisions
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Appeal court reduced sentence for one defendant due to excessive punishment while upholding others' convictions.
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