Questão jurídica principal
Whether a warning withdrawal is permissible when the traffic offense was committed only in self-induced incapacity and not through a culpable traffic-rule violation.
Decisão extraída
A warning withdrawal requires a culpable traffic-rule violation; a conviction only under Art. 263 StGB excludes a warning withdrawal.
Fundamentação extraída
The warning withdrawal is an educational and preventive measure and therefore presupposes that the violation can be blamed on the driver. Since the appellant was not convicted of a culpable traffic-rule violation or actio libera in causa, the legal basis for a warning withdrawal was missing.