Key legal question
Whether the defendant committed driving despite a withdrawn license under Art. 95 Abs. 1 lit. b SVG
Extracted holding
The court held that the defendant acted at least negligently, and in fact with direct intent, by driving after the license surrender had already triggered the driving ban.
Extracted reasoning
Under Art. 32 VZV, voluntary surrender has the legal effect of withdrawal. The defendant had been expressly warned and could not rely on not reading the notice. His later claims about fatigue and mistaken time were irrelevant because he had already knowingly driven after the ban started and not directly home.