II K 494/22
AI generated
Court grants suspended sentence for drunk driving due to low alcohol level and first offense.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of drunk driving with a blood alcohol level of 1.13 promiles and imposed a suspended sentence. The prosecution argued for a standard penalty, while the defense highlighted the defendant's first offense and low alcohol concentration. The court ruled that the minor social harm and lack of prior record justified a suspended sentence with a one-year driving ban.
Legislator headnote
AI generatedart. 178a § 1 k.k.; art. 66 § 1, 2 k.k.: The court may apply a suspended sentence for drunk driving when the alcohol level is moderate, the offense involves minor social harm, and the offender has no prior criminal record.
Keywords
AI generated
drunk driving
suspended sentence
alcohol concentration
first offense
social harm
driving ban
probation period
Cited Legislation
AI generatedart. 178a § 1 k.k.
art. 66 § 1 k.k.
art. 66 § 2 k.k.
art. 67 § 1 k.k.
art. 67 § 3 k.k.
art. 387 k.p.k
art. 66 § 1 k.k
Related Decisions
AI generatedII K 3/24
Court sentenced drunk driver to prison, vehicle ban, and compensation while applying the older, more lenient criminal law.
II K 284/20
Court convicts drunk driver of 4 years prison, suspends sentence, bans driving for 4 years, and orders fine.
II K 281/25
Court convicts drunk driver of dangerous driving, imposes fine, four-year ban, and compensation.
IV Ka 949/20
Court reduced drunk driving penalty to fine and two-year ban, noting license suspension already fulfilled the ban requirement.
II K 328/24
Court convicted defendant of drunk driving, imposing fine, 4-year driving ban, and compensation payment.