Kernrechtsfrage
Whether the appellate court violated the right to be heard by referring to a supposedly new factual accusation about accelerating after braking.
Extrahierter Entscheid
No. The appellate court's wording did not introduce a new accusation; it merely paraphrased the same factual findings made by the first instance.
Extrahierte Begründung
The expressions 'went back on the gas' and 'same speed' were interpreted as consistent with the first-instance reasoning that he could simply have fallen back to restore a safe distance.