Kernrechtsfrage
Whether driving in drunken state qualified as a minor case allowing a fine only
Extrahierter Entscheid
No. A blood alcohol concentration of 1.20‰ does not satisfy the minor-case threshold, and the defendant's prior administrative record also prevented a finding of an unimpeachable past.
Extrahierte Begründung
The court confirmed that the first condition for a minor case requires a BAC below 1.2‰; a value of 1.20‰ is already outside that limit. In addition, the defendant's previous license withdrawal for speeding within the preceding two years meant his record could not be described as spotless.