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II K 103/22 AI generated

Court convicted driver of driving under influence of amphetamine and sentenced to fine and license ban.

Case Number II K 103/22
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 driving a motor vehicle under the influence of amphetamine and sentenced him to a daily fine and a four-year driving ban. The prosecution argued for a penalty based on the high blood concentration of the drug and the danger posed to public safety, while the defense contested the legal characterization of the state. The court rejected the defense's argument regarding the distinction between 'use' and 'influence' because the measured level far exceeded the threshold for influence, thereby upholding the conviction and the specific penalties imposed.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 63 § 4 k.k.; Art. 43a § 2 k.k.; Art. 33 § 1, 3 k.k.; Art. 627 k.p.k.: Driving a motor vehicle under the influence of psychotropic substances constitutes a crime punishable by a fine and a driving ban, where the distinction between 'use' and 'influence' is determined by the concentration level exceeding the established threshold.

Keywords

AI generated
driving under influence amphetamine intoxication criminal conviction driving ban psychotropic substances daily fine victim compensation

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 33 § 1, 3 k.k.
Art. 42 § 2 k.k.
Art. 63 § 4 k.k.
Art. 43a § 2 k.k.
Art. 627 k.p.k.
art. 387 k.p.k
AI generated
II W 536/18
Court convicts defendant of driving under influence of amphetamines and imposes fine and two-year driving ban.
II K 159/22
Court imposes mandatory three-year driving ban and fine for drunk driving under Polish Criminal Code.
V K 299/14
Court convicted defendant of driving while banned and under drug influence, imposing prison terms and lifetime driving ban.
II K 103/21
Court convicts defendant of driving under amphetamine influence and imposes lifetime vehicle ban.
II K 264/22
Court convicts defendant for drug possession and driving under influence, imposing fines and vehicle ban.

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