Facts
The appellant [X.] (born 1994) is alleged to have, according to the indictment, allowed the vehicle [A.] to be driven on 9 March 2014, although the driver only had a learner's permit and the appellant himself only had a probationary driver's license. Furthermore, a blood alcohol concentration of 1.57 o/oo was detected in him. The vehicle was driven at night without lights and without an "L-plate". The Cantonal Court of Appenzell Ausserrhoden convicted [X.] on 5 October 2015 for failure to display the L-plate during a learner's drive, taking on the duties of an accompanying person during a learner's drive without fulfilling the required conditions, and driving a motor vehicle while under the influence of alcohol. The High Court of Appenzell Ausserrhoden upheld the first-instance judgment on 7 June 2016.Considerations
The Federal Supreme Court dismisses the appeal of [X.] . The lower court correctly found that [X.] wanted to take responsibility for the learner's drive and signal this to [A.] , even though he did not meet the legal requirements as an accompanying person. Even if [X.] did not actually fulfil the requirements for an accompanying person, he factually took on this role, which is punishable under Art. 95 para. 3 lit. b RTA. Furthermore, according to the case law of the Federal Supreme Court, the accompanying person in a learner's drive is also guilty of driving a…