Kernrechtsfrage
Whether the administrative authority was bound by the criminal findings regarding the overtaking manoeuvre.
Extrahierter Entscheid
The authority could rely on the penal findings; the driver had to contest them in the criminal proceedings and could not reopen them later in the administrative licence-withdrawal procedure.
Extrahierte Begründung
A final criminal judgment is ordinarily binding for licence-withdrawal proceedings unless specific exceptions apply. Here the police report and summary penal order were clear enough, and no new facts or overlooked evidence justified departing from the criminal findings.