Kernrechtsfrage
Whether the conviction for lack of attention under Art. 3 Abs. 1 VRV and Art. 90 Ziff. 1 SVG was lawful
Extrahierter Entscheid
The conviction was upheld, but the court held that the correct legal characterization was not lack of attention if the danger had been recognized in time; instead, the failure to brake in a recognized danger situation constituted insufficient vehicle control.
Extrahierte Begründung
A driver who notices the danger but does not react appropriately does not violate Art. 3 Abs. 1 VRV by lack of attention. However, failing to brake at all in a recognized danger situation shows lack of control under Art. 31 Abs. 1 SVG, which is also punishable via Art. 90 Ziff. 1 SVG.