Question juridique clé
Whether the defendant's speeding and overtaking manoeuvre constituted a serious traffic-rule violation under Art. 90 No. 2 SVG.
Solution extraite
A 31 km/h excess speed on an extra-urban road, combined with the overtaking manoeuvre, amounted to a serious traffic-rule violation; the conduct was also subjectively reckless.
Motifs extraits
The court held that the objective threshold for a serious violation may be met by an excess of 30 km/h or more outside built-up areas. Even where the circumstances are favourable, the concrete situation showed at least an increased abstract danger and a reckless attitude; the defendant had to expect a substantial excess while overtaking a vehicle already near the speed limit.