Legislator Case Law & Legislation
II K 358/14 AI generated

Court imposes suspended prison sentence and driving ban for repeat drunk driving offense during probation period.

Case Number II K 358/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of drunk driving while on probation for a prior identical offense, finding his confession tactical rather than genuine. The court determined the high social danger of the repeated offense justified a six-month suspended prison sentence, a two-year driving ban, and a fine. Consequently, the prosecution's request for punishment under Article 178a § 4 of the Criminal Code was fully granted.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 69 § 1, § 2 kk; Art. 70 § 1 pkt 1 kk; Art. 71 § 1 kk; Art. 42 § 2 kk; Art. 43 § 1 kk; Art. 63 § 2 kk; Art. 627 kpk; A repeat offender who commits a drunk driving offense during the probation period for a prior similar crime demonstrates a disregard for legal order, warranting a heavier penalty including a driving ban and a suspended prison sentence to ensure general and special prevention.

Keywords

AI generated
drunk driving offense probation violation suspended prison sentence driving ban repeat offender criminal liability social danger

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 69 § 1 kk
Art. 69 § 2 kk
Art. 70 § 1 pkt 1 kk
Art. 71 § 1 kk
Art. 42 § 2 kk
Art. 43 § 1 kk
Art. 63 § 2 kk
Art. 627 kpk

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text