Kernrechtsfrage
Whether driving while intoxicated and failure to control the vehicle constitute concurrent offenses under the SVG.
Extrahierter Entscheid
For a heavily intoxicated driver, the loss of control is alcohol-induced and does not justify additional punishment under Art. 31 in conjunction with Art. 90 SVG; only the drunk-driving offense remains.
Extrahierte Begründung
The court distinguished between very heavy and slight intoxication. With severe intoxication, inability to control the vehicle is a foreseeable and direct consequence of the alcohol consumption, so punishing both the intoxication and its automatic effects would be unrealistic and unsatisfactory. Only where a lightly intoxicated driver could still be expected to comply with traffic duties may separate punishment for additional fault be justified.