II Ka 655/23
AI generated
Court dismissed appeal against criminal sentence for driving under influence, upholding original verdict and costs.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Siedlce upheld the first-instance judgment convicting the defendant of driving under the influence of alcohol. The defense argued for a reduction in the ban on operating vehicles, but the court found no grounds to alter the sentence. Consequently, the appeal was rejected, and the defendant was ordered to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 2 k.p.k.; Art. 634 k.p.k.: The court rejected an appeal claiming disproportionate punishment when the original sentence was legally sound and based on sufficient evidence, thereby maintaining the conviction and penalty.
Keywords
AI generated
driving under influence
criminal appeal
disproportionate punishment
ban on vehicles
court costs
Cited Legislation
AI generatedart. 634 k.p.k.
art. 636 § 1 k.p.k.
art. 627 k.p.k.
art. 8 w zw. z art. 3 ust. 1 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 67 § 3 k.k
Related Decisions
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Criminal appeal granted; court commuted sentence to suspended prosecution with fines and driving ban.
VI Ka 298/24
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IV Ka 424/21
Court dismisses prosecutor's appeal on factual errors, upholding first instance verdict regarding self-defense and force application.
II Ka 186/24
Court partially allowed appeal by correcting sentencing basis and reducing fine for one defendant.
II Ka 375/21
Appeal against drug trafficking sentence dismissed; court upheld conviction and penalty for defendant.