Kernrechtsfrage
Whether the appellate court violated the indictment principle by relying on an uncharged failure to keep sufficient distance when overtaking.
Extrahierter Entscheid
Yes. The court went beyond the clearly delimited facts alleged in the indictment and first-instance judgment by additionally basing guilt on Art. 12(1) VRV.
Extrahierte Begründung
The indictment principle fixes the subject matter of the trial and protects the defense. Here, the charging documents addressed only risks to oncoming and overtaken traffic; they did not allege a separate insufficient-distance allegation against the vehicle ahead. The appellate court therefore relied on a different factual basis.