Questione giuridica chiave
Whether the driving conduct on 22 February 2009 constituted a serious violation of traffic rules under Art. 90 n. 2 SVG rather than a simple violation.
Decisione estratta
The conduct remained a serious violation: the combined speeding, distraction, and loss of control created a serious danger and showed gross negligence.
Motivazione estratta
The court held that the objective seriousness resulted from the cumulation of infringements, the driver's inexperience, unfamiliarity with the vehicle and road, and the concrete and abstractly increased danger created. Subjectively, turning to ask for a cigarette while driving fast on a highway showed disregard for the most basic duties of care.