Legislator Case Law & Legislation
II K 35/26 AI generated

Court convicts drunk driver for violating prior ban, sentencing to suspended prison term and alcohol abstinence order.

Case Number II K 35/26
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving while intoxicated and violating a previously effective driving ban, sentencing him to seven months of suspended imprisonment. The prosecution argued the defendant's history of alcohol-related offenses indicated addiction, while the defense did not contest the facts. The court upheld the conviction based on the new law applicable at the time of sentencing, which mandates a lifetime ban for recidivists, and imposed a three-year probation period with mandatory alcohol abstinence.

Legislator headnote

AI generated

Art. 178a § 1, 4 kk; Art. 244 kk; Art. 72 § 1 pkt 5 kk: A driver previously sentenced to a driving ban who repeats the offense of driving while intoxicated shall be sentenced to a lifetime ban and may be subject to an order to abstain from alcohol abuse.

Keywords

AI generated
drunk driving recidivism lifetime driving ban suspended imprisonment alcohol abstinence order probation supervision criminal recidivism suspended sentence

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 178a § 4 kk
Art. 244 kk
Art. 11 § 2 kk
Art. 69 § 1 kk
Art. 70 § 1 kk
Art. 43a § 2 kk
Art. 42 § 2 kk
Art. 73 § 1 kk
Art. 72 § 1 pkt 5 kk
Art. 627 kpk
AI generated

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