Partial Annulment of a Conviction for Serious Violation of Traffic Regulations and Remand for Reassessment of the Sentence

Facts

The appellant [X.] was convicted by the High Court of the Canton of Aargau for a serious violation of traffic regulations under Art. 90 para. 2 of the Road Traffic Act to a fine of 100 daily rates of CHF 140 each, as well as a fine of CHF 2,000. He had exceeded the maximum speed limit of 80 km/h on the Furttalstrasse in Würenlos by 40 km/h. [X.] filed a criminal complaint against the judgment of the High Court. He requested to be convicted for a negligent serious violation of traffic regulations and to be punished with a suspended fine of 20 daily rates of CHF 110 each. Alternatively, he requested the case to be remanded to the lower instance.

Considerations

The Federal Supreme Court held that the findings of fact by the lower instance were not arbitrary. The speed excess of 40 km/h exceeds the threshold set by the Federal Supreme Court, above which a serious violation of traffic regulations is generally considered to be present in objective and subjective terms. The appellant can at least be accused of gross negligence and recklessness.

However, the Federal Supreme Court criticized the sentencing by the lower instance. The lower instance exceeded its discretion by imposing a…