Conducerea unui vehicul sub influența alcoolului sau a altor substanțe. Individualizarea pedepsei. Neagravarea situației inculpatului în propria cale de atac
The vehicle driving under the influence of the alcohol or other substances. The individualization of the penalty. Non- aggravation of the offender’s situation in it’s own appeal

Summary/Abstract: Even if the defendant had high blood alcohol, still the application of a penalty consisting in a (criminal) fine corresponds to the needs of social defence, and ensures the fulfillment of functions and purposes of the sanction. The establishment of a jail penalty, instead of that of a fine, in appeal, even if the situation in which art. 83 from the New Criminal Code would be applied, regarding the adjournment of the penalty, would constitute, towards the nature of the sanction, an aggravation of the situation of the caller, in it’s own appeal, which would defeat the regulation expressly established through the provisions of art. 418 par. (1) of the New Criminal Procedure Code. On the other side, at the individualization of the penalty, the instance can not take into some personal considerations, as the period in which the defendant would have the license suspended or other seminal circumstances, but only the judicial aspects, as the one in this case, namely the nature of the pronounced penalty.

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