Questione giuridica chiave
Whether driving with a blood alcohol concentration between 0.5 and under 0.8‰ is punishable under the new law as a crime or only as an offence.
Decisione estratta
Under the new legal regime, a blood alcohol concentration of 0.5 to under 0.8‰ is punishable only as an offence, not as a crime.
Motivazione estratta
The court held that the new provisions made any BAC of 0.5‰ or more sufficient to establish unfitness to drive, but only BAC of 0.8‰ or more qualified the conduct as aggravated. Since the accused's BAC was 0.69‰, the new law applied as the milder law under Art. 2(2) StGB.