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II K 497/23 AI generated

Court convicts drunk driver of dangerous driving and imposes prison term, driving ban, and compensation.

Case Number II K 497/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of driving a motor vehicle while intoxicated and sentenced her to ten months of restricted liberty with community service. The prosecution argued for a harsh penalty due to the high blood alcohol level and direct intent, while the defense failed to present mitigating circumstances. The court ruled that the statutory penalties were mandatory and appropriate given the severity of the offense and the lack of any favorable factors.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk: The court established that the statutory penalties for driving while intoxicated are mandatory and must be applied when the specific elements of the offense are proven, regardless of the defendant's personal situation or lack of expert recommendations for treatment.

Keywords

AI generated
drunk driving intoxication penalty mandatory sentencing driving ban compensation to victims criminal liability restricted liberty

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 34 § 1 kk
Art. 35 § 1 kk
Art. 4 § 1 kk
Art. 42 § 2 kk
Art. 63 § 4 kk
Art. 43a § 2 kk
Art. 2 ust. 1 pkt. 3 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych
Art. 62 § 1 kpk
art. 387 k.p.k

Cited Case Law

AI generated
IV KK 29/08
AI generated
II K 3/15
Court convicts drunk driver of dangerous driving, suspends prison sentence and imposes driving ban.
II K 19/16
Court partially allowed probation for drunk driving but reduced driver ban duration due to statutory limits.
II K 42/16
Court convicts drunk driver of dangerous driving, imposing fine, driving ban, and compensation.
III KK 93/21
Supreme Court quashes criminal verdict for failure to notify defendant, violating right to defense and fair trial.
II K 928/23
Court imposed 4-year driving ban and fine for drunk driving with high blood alcohol level.

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