Facts
The appellant [A.] was convicted by the Cantonal Court of Grisons for a gross violation of traffic rules to a conditional fine of 100 daily rates of CHF 30.- and a subsidiary fine of CHF 600.-. The appellant had exceeded the signaled maximum speed of 50 km/h by 48 km/h in Splügen on May 30, 2017. The lower court found that the appellant had grossly violated the traffic rules and thereby objectively created a serious danger for others.
The appellant filed a criminal appeal and requested that he be convicted of a simple violation of traffic rules and fined CHF 300.-. Alternatively, he requested that he be convicted of a gross violation of traffic rules and sentenced to a conditional fine of 70 daily rates of CHF 30.- and a subsidiary fine of CHF 400.-.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had rightly convicted the appellant of a gross violation of traffic rules. The court found that the appellant had grossly violated the traffic rules and thereby objectively created a serious danger for others. The lower court did not violate federal law when it deemed the factual error claimed by the appellant to be obviously avoidable and therefore irrelevant.
The Federal Court also examined the sentencing and came to the conclusion that the lower court had not obviously wrongly weighed the relevant…