Legislator Case Law & Legislation
II K 1309/12 AI generated

Court convicts drunk driver for recidivism, suspends sentence due to family needs, imposes fine and driving ban.

Case Number II K 1309/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of drunk driving while under a three-year ban and sentenced him to six months in prison for driving while banned. Although the defendant argued for leniency, the court found the repeated offenses demonstrated a disregard for legal order. Consequently, the court suspended the combined sentence of one year due to the defendant's role as the sole breadwinner for his family, while imposing a fine and a mandatory driving ban.

Legislator headnote

AI generated

Art. 178a § 4 kk; Art. 244 kk; Art. 69 § 4 kk; Art. 71 § 1 kk: The court may conditionally suspend the execution of a prison sentence for recidivist drunk driving when special circumstances, such as the defendant being the sole provider for a family, justify leniency, provided a fine is imposed to ensure the penalty retains its deterrent effect.

Keywords

AI generated
recidivist drunk driving conditional sentence suspension sole breadwinner family mandatory driving ban criminal fine imposition procedural costs waiver public prosecution appeal

Cited Legislation

AI generated
Art. 178a § 4 kk
Art. 244 kk
Art. 69 § 4 kk
Art. 71 § 1 kk
Art. 85 kk
Art. 86 § 1 kk
Art. 69 § 1 kk
Art. 70 § 1 pkt 1 kk
Art. 624 § 1 kpk
Art. 17 ust. 1 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

Cited Case Law

AI generated
SA w Katowicach z 29 lipca 1999 r., II AKa 134/99

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