At a boozy club anniversary celebration in October 2022, the man said he drank five beers and as many schnapps, then got in the car to rest.
When he woke up around 3:30 a.m., he felt “not so bad” and drove off from the market. He didn’t get any further than the junction to Oberau. Shortly after 5 a.m., a blood alcohol level of 1.4 per mille was determined. The doctor’s report gave the defendant a “sure” in all test phases; a circumstance that judge Christian Daubner noticed in view of the blood alcohol level.
“He was wide awake with the kick-off and then wanted to give the best possible picture,” lawyer Antonia Edelmann tried to explain. His firearms license as a hunter and club shooter is one thing, a post in the Bundeswehr where a promotion is pending is another. “He’s been working towards it for years,” the defense attorney affirmed. The consequences of this drunken driving are therefore “massive” for the “righteous citizen”. Antonia Edelmann saw the critical hurdle for her client at 60 daily rates, which corresponded to the penalty from the penalty order, which is why she applied for 50 daily rates.
Legal trainee Gina Wagner wanted to leave it at 60 daily rates, but only because there had been no personal injury and the risk late at night was rather low. “I am deeply ashamed of this momentary failure,” said the 36-year-old, who thanked a witness for the help and apologized for the circumstances. He has already paid for the damage to the sign in the amount of 900 euros.
Christian Daubner also recognized a »repentant impression« in the previously blameless soldier. However, the judge wanted to weight “general preventive aspects” in the sentence, because the number of unreported cases of such drunk driving was very high. Due to negligent endangerment of road traffic, he was sentenced to 55 daily rates of 58 euros each, i.e. a total of 3,190 euros and a total of 13-month driver’s license ban. “What the military area administration and the district office make of it is up to the authorities,” says Daubner. He advised the professional soldier: “Let that be a lesson.”
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