Kernrechtsfrage
Whether the dismissal of the criminal investigation for negligent serious bodily injury was lawful under the in dubio pro duriore standard.
Extrahierter Entscheid
The dismissal was unlawful; the case had to be continued because the evidence did not clearly rule out prosecution.
Extrahierte Begründung
Given the known presence of children in the area, school closing time, and the duty to adapt speed to the circumstances, the file did not permit a finding that there were no sufficient grounds for prosecution.