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Journal Article

Citation

Mollenkott K. Blutalkohol 1997; 34(3): 180-182.

Affiliation

50321 Bruhl, Germany.

Copyright

(Copyright © 1997, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

'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.

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