Questione giuridica chiave
Whether the speeding was justified by necessity under Art. 17 StGB because the driver was rushing to treat a seriously ill cow.
Decisione estratta
No. The protected interest in treating the animal did not clearly outweigh the danger created for road safety and human life.
Motivazione estratta
Necessity is admitted with great restraint for substantial speeding. Here the route was 4-6 km, the time gain only 2-3 minutes, and the risk of a serious or fatal accident outweighed the interest in rapid veterinary treatment. Animal protection and the duty to assist the cow were acknowledged, but they do not generally outrank human life and traffic safety.