Legislator Case Law & Legislation
II K 157/13 AI generated

Court convicts drunk driver of driving under influence and imposes fine plus four-year driving ban.

Case Number II K 157/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving under the influence of alcohol and imposed a fine of 200 daily rates alongside a four-year ban on operating vehicles. The prosecution alleged the driver operated a vehicle while intoxicated, evidenced by breathalyzer readings of 1.60 mg/l and 1.61 mg/l, after refusing to leave a property without police intervention. The court determined the penalty was proportionate to the offense, considering the defendant's financial situation, family obligations, and lack of prior convictions, thereby rejecting any request for a lighter sentence.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 42 § 2 k.k.; Art. 43 § 3 k.k.; Art. 626 § 1 k.p.k.; Art. 627 k.p.k.: The court established that a fine and a driving ban constitute an adequate and proportional punishment for driving under the influence, provided the penalty serves preventive goals without depriving the offender of basic subsistence.

Keywords

AI generated
driving under influence alcohol concentration driving ban criminal fine proportionality of penalty costs of proceedings prevention of recidivism

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 42 § 2 k.k.
Art. 43 § 3 k.k.
Art. 626 § 1 k.p.k.
Art. 627 k.p.k.
art. 42 § 2 k.k
art. 43 § 3 k.k
art. 626 § 1 k.p.k

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