Key legal question
Whether the speed excess during the overtaking maneuver amounted to a gross violation of traffic rules under Art. 90 No. 2 SVG rather than a simple violation under Art. 90 No. 1 SVG.
Extracted holding
Yes. Exceeding the 80 km/h limit outside town by 30 km/h is objectively a gross violation; given the circumstances, the conduct was at least grossly negligent and thus punishable under Art. 90 No. 2 SVG.
Extracted reasoning
The court held that exceeding the limit by 30 km/h or more outside town is, by settled case law, an objectively serious violation. Subjectively, such a massive excess normally implies intent or at least gross negligence, and the appellant’s own argument showed he knew he would have to drive much too fast to overtake briskly.