TY - JOUR PY - 1997// TI - Is the hit-and-run offence according to paragraph 69 II No. 3 StGB an 'alcohol offence in disguise'? JO - Blutalkohol A1 - Mollenkott, K. SP - 180 EP - 182 VL - 34 IS - 3 N2 - 'As a rule', in cases of hit-and-run offences, the impending withdrawal of the driving licence (paragraph 69 II No. 3 StGB) is of significant importance, particularly with reference to the perpetrators and the 'considerable damage' caused. In 1965 the hit-and-run offence and the 'considerable damage' were first registered in the catalogue of examples for regulations of the paragraph 42 m section 2 StGB (paragraph 69 II StGB since 1975) by means of the second road safety law (2. StVerkSichG). This was followed by an enactment of the precedents of hit-and-run offences and the 'considerable damage' to that date. The establishment of the paragraph 323 c StGB in the catalogue did not occur due to the fact that it can not be considered a typical drinking offence. Instead it is looked at as an alcohol offence in disguise, much the same as the hit-and-run offence. The offence of the unauthorised leaving of the scene of an accident shows a much greater unsuitability of the character to drive a vehicle than the total extent of damage.

LA - de SN - 0006-5250 UR - http://dx.doi.org/ ID - ref1 ER -