Kernrechtsfrage
Whether the defendant committed gross violation of traffic rules under former Art. 90(2) SVG.
Extrahierter Entscheid
No serious fault was established: he drove at walking pace and no aggravating circumstances justified treating the conduct as grossly negligent.
Extrahierte Begründung
The objective danger did not suffice; the court held that the driver’s failure to notice the pedestrian in time, although negligent, did not amount to the requisite serious or reckless fault. The later assault on the pedestrian could not be used to assess the traffic offence.