Questão jurídica principal
Whether the accused committed frustration of a blood test under Art. 91 Abs. 3 SVG by failing to report the accident.
Decisão extraída
He did not, because he had no legal duty to report the accident and a blood test of the passenger was not highly probable.
Fundamentação extraída
Art. 91 Abs. 3 SVG by omission requires a specific legal duty to act. Art. 55 Abs. 2 SVG creates no reporting duty. Under Art. 51 Abs. 3 SVG, only the causative tortfeasor has a duty to notify the injured party or police. The accused was not shown to have caused the accident, and no facts suggested he would likely have been subjected to a blood test.