Kernrechtsfrage
Whether the defendant’s identity as the driver was established and the presumption of innocence / in dubio pro reo was violated
Extrahierter Entscheid
The challenge failed: the cantonal court could reasonably find that the defendant was the driver; there was no violation of in dubio pro reo as a rule of evidence or burden of proof.
Extrahierte Begründung
The complaint was largely appellatory and insufficiently reasoned. The lower court could rely on the defendant’s inconsistent and delayed explanations, the dubious character of the alibi letter, the fact that the car was allocated to him as a company vehicle and usually at his disposal, and the radar photo, which did not exclude his authorship.