Legislator Case Law & Legislation
II K 560/24 AI generated

Court convicts defendant of drunk driving while under a driving ban and imposes suspended sentence.

Case Number II K 560/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Bełchatow convicted the defendant of driving a motor vehicle while intoxicated and under a legally binding driving ban. The prosecution argued that the defendant's blood alcohol level of 0.29 mg/1 and prior conviction warranted a prison term, though the court applied a suspended sentence due to mitigating circumstances. The court ruled that the defendant fulfilled the elements of the crime under Article 178a of the Criminal Code and imposed a ten-year driving ban alongside a fine and restitution.

Legislator headnote

AI generated

Art. 178a § 4 k.k.; Art. 69 § 1, 2, 4 k.k.; Art. 70 § 1 k.k.; Art. 42 § 2 k.k.; Art. 43a § 2 k.k.: Driving a motor vehicle while intoxicated and under a driving ban constitutes a crime punishable by imprisonment, which may be suspended if the defendant shows repentance and poses no danger to society.

Keywords

AI generated
drunk driving driving ban violation suspended sentence Criminal Code intoxication level motor vehicle offense restitution order

Cited Legislation

AI generated
Art. 178a § 4 k.k.
Art. 69 § 1, 2 and 4 k.k.
Art. 70 § 1 k.k.
Art. 42 § 2 k.k.
Art. 43a § 2 k.k.
Art. 178a § 5 k.k.
art. 70 § 1 k.k
art. 42 § 2 k.k

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