Questione giuridica chiave
Whether driving a motor vehicle without mandatory liability insurance qualified as a 'light case' under Art. 96 no. 2 para. 2 SVG.
Decisione estratta
A light case requires both objectively and subjectively reduced blame; here the circumstances were too serious, so Art. 96 no. 2 para. 1 SVG applied instead.
Motivazione estratta
The court held that the shorter, safer, and clearly bagatelle-type examples only fall under the privileged provision. Here, the motorcycle was 250 cc, the trip was more than 2 km on major roads at night, with increased abstract danger, no driving experience, and alcohol-related impairment; subjectively, the accused knowingly chose the motorcycle despite alternatives and warnings.