Questione giuridica chiave
Whether the conviction for serious violation of traffic rules by unsafe overtaking was lawful
Decisione estratta
The conviction was not contrary to federal law because the overtaking maneuver was not carried out on a fully visible and free stretch of road and the driver could not safely assess oncoming traffic at night.
Motivazione estratta
The factual findings of the cantonal court were binding in cassation; on those findings, the legal elements of Art. 35 SVG were met and the conviction under Art. 90 No. 2 SVG was unobjectionable.