II K 206/24 AI generated

Court convicts drunk driver of recidivism, imposing fine, driving ban, and victim compensation.

Case Number II K 206/24

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2025-07-10

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of driving under the influence while previously sentenced for the same offense. The prosecution argued for a three-year driving ban and victim compensation, which the court upheld. The decision applied recidivism rules to increase the penalty while considering the defendant's employment status.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 42 § 2 kk; Art. 43a § 2 kk; Art. 33 § 1 kk; Art. 33 § 3 kk: In cases of drunk driving by a recidivist, the court must impose a driving ban and victim compensation, adjusting the fine based on alcohol levels and criminal danger.

Keywords

AI generated

drunk driving recidivism driving ban three years victim compensation fund daily fine calculation procedural costs burden

Cited Legislation

AI generated

Art. 178a § 1 kk

Art. 4 § 1 kk

Art. 33 § 1 kk

Art. 33 § 3 kk

Art. 42 § 2 kk

Art. 63 § 4 kk

Art. 43a § 2 kk

Art. 627 k.p.k.

art. 387 k.p.k

Cited Case Law

AI generated

Supreme Court dismisses appeal; prior drunk driving conviction expired before new offense, barring recidivism charge.

Supreme Court quashes sentence for drunk driving due to error in assessing prior conviction status under Polish Criminal Code.

AI generated

Court convicted defendant of drunk driving, suspended sentence with two-year driving ban due to prior record.

Court acquits defendant for driving under influence because intoxication was proven only after driving ceased.

Court convicted driver of drunk driving, imposing fine, license ban, and compensation.

Court convicts drunk driver of dangerous driving, imposing fine, driving ban, compensation, and vehicle forfeiture.

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