Questão jurídica principal
Whether the one-month driver’s license withdrawal for overloaded driving was lawful.
Decisão extraída
Yes. The registered vehicle weight of 3.5 tons was decisive; the 29.69% overload created at least a slightly increased abstract danger and was not a particularly slight case.
Fundamentação extraída
The court held that for danger assessment under road traffic law, the weight entered in the vehicle registration and confirmed by type approval governs. The manufacturer’s higher technical capacity did not change the legally relevant risk. Given the significant overload and the appellant’s professional-driver responsibility, the statutory conditions for a light violation with a minimum one-month withdrawal after a prior measure were met.