Kernrechtsfrage
Whether the defendant violated the ban on overtaking a vehicle whose driver indicates a left turn.
Extrahierter Entscheid
Yes. Once he saw the left indicator, he had to abort the overtaking maneuver or at least drive cautiously; continuing the maneuver breached Art. 35(5) SVG.
Extrahierte Begründung
The left signal already communicated the turn intention. Even if the left-turning car had not correctly positioned itself, the defendant faced an unclear and hazardous situation and could not rely on the trust principle. No criminal fault compensation applies.