Questione giuridica chiave
Whether the conviction for violating Art. 34 Abs. 4 SVG was lawful when the danger concerned the distance to an oncoming vehicle during overtaking.
Decisione estratta
Art. 34 Abs. 4 SVG protects sufficient distance in a lateral sense; the longitudinal distance to an oncoming vehicle is not the distance to be preserved under that provision.
Motivazione estratta
If a driver overtakes despite an oncoming vehicle being too close, or merges back too near it, this concerns Art. 35 Abs. 2 SVG, not additionally Art. 34 Abs. 4 SVG.