Legislator Case Law & Legislation
II K 19/22 AI generated

Court convicted defendant for drunk driving under Polish Criminal Code Article 178a, rejecting defense arguments.

Case Number II K 19/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant, K. B., of driving a motor vehicle under the influence of alcohol on a public road. Evidence confirmed the defendant's blood alcohol level at 0.543 mg/l, significantly exceeding the legal threshold for intoxication. The court rejected the defense's claim regarding the inapplicability of specific mitigation clauses due to the high degree of social harm and intentional fault involved.

Legislator headnote

AI generated

Art. 178a § 1 kk k.k.; Art. 66-67 kk k.k.; The court established that driving under the influence constitutes a criminal offense regardless of specific mitigation clauses when the alcohol level indicates a significant threat to public safety and the actor acted with direct intent.

Keywords

AI generated
drunk driving alcohol intoxication Criminal Code public road criminal conviction blood alcohol level direct intent

Cited Legislation

AI generated
Art. 178a § 1 kk k.k.
Art. 66-67 kk k.k.
Art. 627 k.p.k.
art. 387 k.p.k
AI generated

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