Facts
The appellant [X.] was sentenced by the District Court of Bremgarten on March 29, 2001, to a prison term of 3 months and a fine of CHF 5,000.-- for driving under the influence and loss of control of the vehicle. The High Court of the Canton of Aargau dismissed the appeal. The appellant files a federal appeal for nullity with the request to overturn the judgment of the High Court and to remand the case to the lower court for reassessment.
The appellant had consumed a large amount of cognac on August 10, 2000, and then drove her car, causing an accident and damage of approximately CHF 1,000.-- in the neighbor's garden and property damage of approximately CHF 25,000.-- to her passenger car. The appellant had a blood alcohol level of 2.29 to 2.99 per mille.
Considerations
The Federal Court examined the attribution of responsibility of the appellant and came to the conclusion that the lower court did not violate federal law when it did not assume a lack of attribution of responsibility within the meaning of Art. 10 SCC, but rather assumed diminished attribution of responsibility pursuant to Art. 11 SCC. The appellant had argued that the value of 2.99 per mille established by the lower court was close to the limit of 3 per mille and that the lower court should have ordered an investigation ex officio pursuant to Art. 13 SCC.
The Federal Court stated that the blood alcohol concentration is not the primary factor in assessing attribution of responsibility, but rather the specific findings on intoxication or sobriety are decisive. The lower court was entitled to rely on the statements of witness [C.] , who stated that the appellant was approachable and quite capable of responding to and reacting to various statements made by the witness.
The Federal Court also examined the sentencing and came to the conclusion that the lower court did not…