Kernrechtsfrage
Whether the applicant acted unlawfully by simulating braking and thus had to bear investigation costs.
Extrahierter Entscheid
The conduct was justified as proportionate self-defence against an immediate danger caused by the following vehicle.
Extrahierte Begründung
The other driver had approached too closely at dusk outside town; tapping the brakes was an appropriate defensive reaction. The lower court should have examined self-defence before finding a breach of traffic rules.