Strafrechtliches Dilemma beim automatisierten Fahren

Has it ever happened to you that you wanted to go to bed early because you had to get up early the next morning, but then ended up watching TV for much too long? It has happened to me too. This phenomenon is called akrasia in philosophy: acting against one's better judgment. What does this have to do with automated driving? If you are supposed to do something as stipulated by laws, it assumes that you can actually do it. However, this is not the case in the new Art. 25b para. 1 nSVG on automated driving: you cannot be attentive and let go of the steering wheel of your automated vehicle at the same time. The new Art. 25b para. 1 nSVG leads to a legal dilemma from which you cannot escape without being punished for your (akrasic) humanity.