Questão jurídica principal
Whether the left-turn collision constituted gross violation of traffic rules under Art. 90(2) SVG rather than simple violation under Art. 90(1) SVG.
Decisão extraída
Yes. The defendant seriously endangered road safety by failing to pay proper attention and by disregarding the priority of the oncoming vehicle during a sufficiently long, blameworthy lapse of attention.
Fundamentação extraída
The road and visibility conditions were good, the road was sufficiently clear, and the defendant was not distracted by other traffic. The oncoming driver saw the defendant's vehicle and its left indicator before the crash, while the defendant failed to notice the oncoming car. This was more than a momentary lapse and amounted to unbewusste Fahrlässigkeit based on recklessness.