Key legal question
Whether the driver’s conduct justified a license withdrawal or only a warning under Art. 16 LCR.
Extracted holding
The case was not minor because the driver committed a characterized fault and created danger for other road users; however, the long delay justified mitigation, so a warning was sufficient instead of a withdrawal.
Extracted reasoning
The administrative authority is not bound by the criminal judgment, but here the same facts supported a medium-gravity case. Because more than four years had elapsed, the administrative measure lost part of its educational purpose. Given the driver’s clean record and the authority’s unjustified inactivity, the measure had to be attenuated.