Partial Acquittal from the Charge of Serious Violation of Traffic Regulations

Facts

The appellant [X.] was partially acquitted by the Cantonal Court of Graubünden of the charge of serious violation of traffic regulations. However, the court found him guilty of violation of traffic regulations pursuant to Art. 29 para. 1 VRV in conjunction with Art. 90 para. 1 SVG and of serious violation of traffic regulations pursuant to Art. 34 para. 2 and Art. 35 para. 4 in conjunction with Art. 90 para. 2 SVG.

The facts can be summarized as follows: On October 1, 2011, [X.] was driving his passenger car out of the San Bernardino Tunnel towards the "Isola" viaduct. At the level of the advance warning sign "San Bernardino 1000 m", he overtook the vehicle driven by [A.A.] in the unclear right-hand curve, crossing a safety line.

Considerations

The lower court considered that [X.] had objectively violated important traffic regulations with his overtaking maneuver in the unclear right-hand curve. By crossing the safety line and overtaking in an unclear curve, he had exposed [C.A.] and [A.A.] to a concrete danger. Furthermore, he had at least accepted the serious risk to the safety of others, thereby fulfilling the objective and subjective elements of the offense of serious violation of traffic…