Legislator Case Law & Legislation
II K 1638/12 AI generated

Court convicted drunk driver of 5 months prison, suspended conditionally, banned from driving for one year.

Case Number II K 1638/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of driving under the influence and sentenced him to five months of imprisonment, suspended conditionally for two years. The defendant, who refused to admit guilt during the investigation, was found guilty based on breathalyzer results showing alcohol levels over 0.56 mg/l and evidence of attempted flight from police. The court determined the suspended sentence and one-year driving ban were appropriate given the defendant's lack of mitigating circumstances and the need for general and individual prevention.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 69 § 1, § 2 kk; Art. 70 § 1 pkt 1 kk; Art. 42 § 2 kk; Art. 43 § 1, § 3 kk; Art. 53 kk; Art. 627 kpk: A court may impose a conditional suspension of a prison sentence for a drunk driving offense if the defendant's circumstances warrant it, while simultaneously applying a driving ban and ordering the return of the license.

Keywords

AI generated
drunk driving conviction conditional sentence suspension driving ban penalty breathalyzer evidence attempted flight evidence court costs assessment prevention of recidivism

Cited Legislation

AI generated
Art. 178a § 1 kk
Art. 69 § 1 kk
Art. 69 § 2 kk
Art. 70 § 1 pkt 1 kk
Art. 42 § 2 kk
Art. 43 § 1 kk
Art. 43 § 3 kk
Art. 53 kk
Art. 627 kpk

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