Kernrechtsfrage
Whether the facts fulfilled Art. 129 StGB (endangering life)
Extrahierter Entscheid
Yes. The defendant's high-speed swerving, close overtaking and braking created a high likelihood of a fatal collision, and he acted with direct intent and recklessness qualifying as scrupulousness.
Extrahierte Begründung
The court held that the maneuvers created an immediate and acute danger directly attributable to the defendant; direct intent was inferred from the risk-filled conduct and the defendant's purpose of proving driving skill and winning the race.