Facts
The appellant was found guilty by the High Court of the Canton of Bern of a serious traffic rule violation and culpable behavior in the event of an accident. The appellant had overtaken a cyclist in a roundabout and failed to maintain sufficient distance, touching the front wheel of the bicycle. The cyclist was able to prevent a fall by dismounting.
The appellant was sentenced to a conditional fine of 20 daily rates of CHF 210.--, a penalty of CHF 1,050.-- for the offense, and a fine of CHF 500.-- for the violation.
The appellant filed a criminal appeal and requested that the convictions for serious violation of traffic rules due to insufficient distance when turning after overtaking in a roundabout and for culpable behavior in the event of an accident be overturned and that he be acquitted in this regard.
Considerations
The Federal Court dismissed the appeal and confirmed the conviction for serious traffic rule violation and culpable behavior in the event of an accident. The court found that the appellant had seriously disregarded an important traffic rule and had seriously endangered traffic safety through his driving behavior.
The court established that the appellant had overtaken the cyclist with too little distance and had created a hazardous traffic situation for her with the risk of a fall. After a brief hesitation, the appellant…