Legislator Case Law & Legislation
II K 85/22 AI generated

Court grants suspended sentence for drunk driving but omits driving ban due to family hardship.

Case Number II K 85/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of driving under the influence but granted a suspended sentence with a fine and an alcohol abstinence order. While the prosecution requested a mandatory driving ban, the court found the defendant's rural family situation and loss of livelihood made such a ban disproportionately harsh. Consequently, the court decided that the defendant had already suffered sufficient inconvenience through the temporary suspension of his license.

Legislator headnote

AI generated

Art. 67 § 1 kk; Art. 67 § 3 kk: In cases of conditional suspension of criminal proceedings, the court may omit a driving ban if the defendant has already experienced sufficient inconvenience through license suspension and the ban would cause disproportionate harm to the defendant's family and livelihood.

Keywords

AI generated
drunk driving suspended sentence driving ban proportionality family hardship conditional suspension alcohol abuse

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 39 pkt 7 kk
Art. 72 § 1 pkt 5 kk
Art. 627 k.p.k.
Art. 629 k.p.k.
art. 387 k.p.k
AI generated

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