Questão jurídica principal
Whether the speeding violation was justified by necessity assistance to a patient
Decisão extraída
No. The situation did not involve an immediate danger to life or limb, and even if it had, assistance by another doctor or a hospital referral remained available.
Fundamentação extraída
A serious speed excess can be justified only exceptionally under Art. 34 StGB to protect high-value interests such as life and health. Here, the patient was not shown to face a life-threatening emergency, the alleged urgency was not sufficiently substantiated, and the supposed danger was avoidable by other medical help. The time gained also did not justify the risk created for other road users.