Key legal question
Whether the defendant's new allegation that the radar measurement was taken in a curve could be considered on appeal and required further evidence
Extracted holding
No. The allegation was new and inadmissible in an appeal against an ordinance offence judgment; the appellate court could not take additional evidence on this point.
Extracted reasoning
In an appeal limited by Art. 398(4) StPO for ordinance offences, new factual allegations may not be introduced. The court would only be able to remand if the first instance had arbitrarily refused evidence, which was not the case.