Questione giuridica chiave
Whether the speeding conviction should be set aside because the driver acted in a necessity situation under Art. 17 StGB.
Decisione estratta
No necessity defense was established; the speeding remained unlawful.
Motivazione estratta
The alleged emergency was unsupported by evidence, and the lower court's assessment was not arbitrary; moreover, it was not shown that accelerating could avert the danger.