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According to a press release from the court, in an administrative offense case, a woman was fined 800 euros by police order and deprived of the right to drive for 12 months for driving while intoxicated with a degree of intoxication (intoxication) mild ( 0.46 ppm).
The woman paid a fine of 800 euros, but did not agree with the period of deprivation of the right to drive the vehicle.
The Klaipėda District Court partially satisfied the woman’s complaint and reduced the period of deprivation of the right to drive to 3 months. The police disagreed with the district court’s decision, arguing that no exceptional circumstances had been identified in the case under which the administrative penalty could be reduced.
The district court, when rejecting the police complaint, indicated that the court should be able, depending on the relevant circumstances of the case, to individualize the severe penalty provided by law and impose a penalty less than the minimum or less severe than the legal penalty.
The district court highlighted that in the present case, in addition to the relevant family circumstances for the individualization of the sentence, the data that positively characterizes the person prosecuted, whether the person had previously been convicted of traffic offenses and the degree of intoxication found were only mild. Speed.
The court agreed with the argument of the police that the interests of the person under administrative responsibility only (it is necessary to go to work in another area) and his family (care of elderly relatives) are not an exceptional circumstance that justifies the application of sanctions legal. , if a person is found to be a malicious violator of traffic regulations.
The district court noted that in the present case, the fact that the woman has been positively characterized, has driven a car for a very long year, but has never been penalized for traffic offenses, was fundamental. This shows that you are not willing to violate traffic rules, and this violation was only incidental.
The woman did not shirk her responsibility from the beginning, she sincerely regretted the misconduct, was critical of her behavior. The degree of intoxication imposed on the woman was also taken into account, which was very slightly above the limit, and the data that characterize her do not deny that the objectives of the sentence will be achieved by depriving her of the right to drive and for a longer period short.
The order will take effect on the day of its publication.
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