Does anyone who pushes their bike drunk themselves are punishable according to § 316 StGB?

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Does anyone who pushes their bike drunk themselves are punishable according to § 316 StGB?
  • By deutschewhiskybrenner

A cyclist had consumed excessively alcohol at a private celebration in the club house of a sports club.When the celebration at 6.30 in the morning and wanted to ride his bike home, he still realized that this would not be possible in this.When he pulled the bike out of the stand, he fell for the first time.

Too drunk to drive - heavily drunk pushes his bike and falls

When the man noticed that he was too drunk to drive, he decided to push the bike on the approximately four kilometer long way home.However, this attempt was also not successful.The man suffered from massive balance disorders due to alcohol.So he once pushed on a bridge against the bridge railing.

After a few hundred meters he came off the path and fell into an embankment together with the bicycle.He left the wheel in the embankment and took a few steps himself before he fell - overwhelmed by the effect of alcohol - and then settled on the street to sleep.

525 EUR fine for the fact that a drunk has pushed his bike?

Then two police officers found him there.An alcohol test resulted in 2.3 per thousand.The Freiburg District Court sentenced the man to a fine of 15 daily rates of EUR 35.In the penalty order it was said that the man had risen on the street by bike, even though he had been accurate due to the previous alcohol consumption.He had the negligent drunk in road traffic in accordance with Section 316 ABS.1 and 2 StGB made punishable.

Court saw no indication that the bicycle was led in accordance with § 316 StGB

The Freiburg District Court - known for his cyclist case law - came to a different assessment.There is no evidence that the man on the way from the clubhouse to the place where the police had passed him passed out had risen by bike at any time:

Macht sich, wer betrunken sein Fahrrad schiebt, strafbar gem. § 316 StGB?

Thus the man did not lead the bike within the meaning of § 316 StGB.

Pushing a bicycle cannot be regarded as leading

The prevailing opinion, which the district court joined, assumes that pushing a bicycle cannot be regarded as leading.

As a rule, the pushing person uses the handlebar, so that the two -wheeler is guided by the public traffic area under independent handling of one of its essential technical devices.The danger situation when pushing is so much less that it seems appropriate to eliminate relevant behaviors by means of teleological reduction from the fact.

The drunk sliding of a bicycle in the public traffic area cannot then be regarded as leadership within the meaning of Section 316 of the Criminal Code.

(LG Freiburg, judgment V.26.10.2021, 11/21 10 NS 530 JS 30832/20).

More news on the topic:

When does an alcoholized bike driver threaten a bike driving ban?

Liability situation of the heavily drunk pedestrian in the traffic accident

No driving ban after drunk driving on the bike due to the failure of the authority

Norm: § 316 StGB - drunkenness in traffic

(1) Anyone who carries a vehicle in traffic (§§ 315 to 315e), although they are unable to keep the vehicle safe as a result of the enjoyment of alcoholic beverages or other intoxicating meanspunished if the crime is not threatened in § 315a or § 315c with punishment.

(2) According to paragraph 1, those who commit the act negligently are also punished.

Background: Drunk cyclists risk "license to cycle"

If you are caught with 1.6 per thousand or more in road traffic, you have to complete the so -called idiot test (MPU) in order to be allowed to steer again.This does not only apply to drivers.Riding a bicycle is basically free of driving license.Nevertheless, it is possible that this permission -free movement is prohibited.Cyclists also risk their “license to cycle” when they are so drunk.When pushing pure, it looks different after this judgment.

Schlagworte zum Thema: Verkehrsrecht, Bußgeld