Kernrechtsfrage
Whether the lower court's finding of right overtaking on the motorway was arbitrary and violated in dubio pro reo or the right to be heard.
Extrahierter Entscheid
The lower court reasonably relied on the police report, police interview record and the police officer's testimony; its assessment was not arbitrary and adequately reasoned.
Extrahierte Begründung
The evidence consistently showed a lane change to the right, passing the other car, and returning left. The officer's testimony was not based solely on the report, and the witness for the defense did not decisively contradict the prosecution evidence.