Legislator Case Law & Legislation
II K 627/22 AI generated

Court dismissed appeal regarding traffic ban extension, upholding conviction for repeated violation of driving prohibition.

Case Number II K 627/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the defendant's appeal against a judgment extending a driving ban from three to four years due to a repeated violation. The defendant argued for leniency based on mental impairment and financial hardship, but the court found the facts of the traffic stop and the expert opinion on cognitive limitations sufficient to establish guilt. Consequently, the court rejected the request for extraordinary leniency, citing the defendant's history of eight prior convictions as evidence of demoralization rather than a first-time offense.

Legislator headnote

AI generated

Art. 244kk k.k.; Art. 37a § 1 k.k.; Art. 31 § 2 k.k.; Art. 60 § 6 pkt 4 k.k. – Repeated violation of a driving ban constitutes a new offense warranting an extended prohibition period, and the court is not obligated to apply extraordinary leniency when the offender has a history of multiple prior convictions.

Keywords

AI generated
repeated traffic violation driving ban extension extraordinary leniency mental impairment defense habitual offender status proportionality of penalty procedural appeal dismissal

Cited Legislation

AI generated
Art. 244kk k.k.
Art. 37a § 1 k.k.
Art. 31 § 2 k.k.
Art. 60 § 6 pkt 4 k.k.

Cited Case Law

AI generated
SN z 22.02.1973 r., Rw 136/73, OSNKW 1973/6, poz. 82
SA w Gdańsku z 17.07.2019 r., II AKa 128/19
AI generated

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