Kernrechtsfrage
Whether texting while driving and drifting off the road met the elements of serious traffic rule violation under Art. 90(2) SVG.
Extrahierter Entscheid
Yes. The driver breached important traffic rules by using his mobile phone and no longer watching the road; this created an increased abstract danger amounting to a serious danger to others.
Extrahierte Begründung
A serious danger exists already with an increased abstract risk when the circumstances make a concrete hazard sufficiently near. Here, distraction caused loss of vehicle control and, had cyclists or other road users been present, a collision could not have been avoided.