Legislator Case Law & Legislation
V K 185/14 AI generated

Court convicts drunk driver of operating vehicle while intoxicated and imposes fine and driving ban.

Case Number V K 185/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving a motor vehicle while intoxicated, finding him guilty based on breathalyzer results showing alcohol levels of 0.37 and 0.33 mg/l. The prosecution argued that the defendant's behavior met all statutory elements of the offense, while the defense failed to present mitigating circumstances. The court ruled that the mere act of driving under the influence constitutes the crime regardless of traffic violations, and imposed a fine, a one-year driving ban, and a monetary contribution to victim assistance funds.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 115 § 16 kk; Driving a motor vehicle while intoxicated constitutes a crime regardless of whether other safety rules were violated or specific danger was caused, as the offense is completed at the moment the vehicle is started and the journey begins.

Keywords

AI generated
drunk driving alcohol concentration criminal conviction driving ban breathalyzer test criminal fine statutory elements

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 33 § 1 and 3 kk
Art. 42 § 2 kk
Art. 63 § 2 kk
Art. 49 § 2 kk
Art. 115 § 16 kk
Art. 3 § 1 of the Act on court fees in criminal proceedings
Art. 627 kpk

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