Legislator Case Law & Legislation
II K 217/22 AI generated

Court convicted defendant of driving while license suspended, imposing fine and extended ban.

Case Number II K 217/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a vehicle while his driving license and mechanical vehicle driving ban were in force. The prosecution argued that the defendant's emotional state was a mitigating circumstance, while the defense claimed prior multiple convictions warranted a prison sentence. The court rejected the defense's request for a lighter penalty, citing the defendant's unrepentant behavior and repeated violations, and instead imposed a daily fine and extended the driving ban to three years.

Legislator headnote

AI generated

Art. 244 kk; Art. 180a kk; Art. 37a § 1 kk; Art. 42 § 1a pkt 2 kk: The court may impose a daily fine and extend a driving ban when a defendant repeatedly violates a suspension order, treating the violation as a lack of repentance rather than a mitigating circumstance.

Keywords

AI generated
driving while suspended repeated criminal violation daily fine imposition extended driving ban lack of repentance criminal procedure law procedural violation

Cited Legislation

AI generated
Art. 244 kk
Art. 180a kk
Art. 11 § 2 kk
Art. 37a § 1 kk
Art. 4 § 1 kk
Art. 33 § 1 kk
Art. 33 § 3 kk
Art. 42 § 1a pkt 2 kk
Art. 627 § 1 k.p.k.
art. 11 § 2 k.k
AI generated

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