Questione giuridica chiave
Whether ignoring the red light constituted gross traffic rule violation under Art. 90(2) SVG or only simple violation under Art. 90(1) SVG
Decisione estratta
The objective elements of gross violation were met, but the subjective element of recklessness was absent because R. was focused on yielding to oncoming traffic and simply failed to notice the signal; therefore only a simple traffic rule violation was established.
Motivazione estratta
Although the danger to oncoming traffic was sufficiently concrete and serious, the defendant's subjective attitude was directed toward caution and yielding, not disregard of safety. The required recklessness was excluded by the specific circumstances.