II K 747/24
AI generated
Court imposes one-year restriction, fine, driving ban, and vehicle forfeiture for drunk driving with high alcohol levels.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of drunk driving and sentenced him to one year of restricted freedom, a 5,000 zł fine, and a three-year driving ban. The prosecution argued for a vehicle forfeiture, but the court noted the car did not belong to the defendant. Consequently, the court ordered the forfeiture of the vehicle's equivalent value instead of the car itself.
Legislator headnote
AI generatedArt. 178a § 1 kk; Art. 37a § 1 kk; Art. 43a § 2 kk; Art. 42 § 2 kk; Art. 178a § 5 in conjunction with Art. 44b § 1 and 2 kk: When a vehicle is not the offender's property, the court must order the forfeiture of its equivalent value rather than the vehicle itself.
Keywords
AI generated
drunk driving conviction
restricted freedom sentence
driving ban duration
vehicle forfeiture equivalent
property ownership status
alcohol concentration limits
court costs waiver
Cited Legislation
AI generatedArt. 178a § 1 kk
Art. 37a § 1 kk
Art. 43a § 2 kk
Art. 42 § 2 kk
Art. 178a § 5 in conjunction with Art. 44b § 1 and 2 kk
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 ustawy z dnia 23 czerwca 1973 roku o opłatach w sprawach karnych
art. 387 k.p.k
art. 53 k.k
art. 624 § 1 k.p.k
Related Decisions
AI generatedVIII K 394/24
Court convicted drunk driver of driving under influence and suspended sentence with license ban.
II K 137/22
Court convicted defendant of drunk driving, imposing suspended prison term, fine, and driving ban.
II K 613/24
Court applies older drunk driving law as more lenient, imposing fine and vehicle ban.
IX Ka 569/13
Court allows prosecutor appeal to mandate work obligation for drunk driving offender sentenced without trial.